Genetic testing can determine the probability of whether a man is the father of a child with remarkable accuracy. Genetic testing can also exclude a man as a father of a child.
The process is simple and painless. A sample of DNA is collected from the mother, child and potential father, usually with a swab on the inside of the mouth. Occasionally blood or other types of samples are used, for example with infants for whom the five minute swab procedure is not feasible. The DNA samples for the mother, father and child do not need to be taken at the same time nor in the same office.
DNA laboratories or offices taking DNA samples require identification and will take a photograph and fingerprints to insure that the DNA sample is being taken from the right person.
After the DNA sample is processed by the laboratory a written report of the test results is mailed to the participants, usually within a few weeks of receiving the samples.
A man is presumed to be the father if there is a 99% probability of paternity (using a prior probability of 0.50, as calculated by using the combined paternity index obtained in the testing) and a combined paternity index of at least 100 to 1.
Many of the DNA laboratories have easy to understand information about genetic testing on their web pages. Type DNA Paternity Testing Utah into your web browser.
Do I need a court order for Genetic Testing?
No, you do not need a court order for genetic testing. You can simply arrange for a DNA test. So long as both parties are willing to voluntarily participate the judge need not order the tests.
What do I do if the other party refuses to take a DNA test?
If the other party refuses to voluntarily have the Genetic Testing done then you will need a court order. To obtain a court order Utah law requires that you file a sworn statement either:(1) alleging paternity and setting forth facts establishing a reasonable possibility of sexual contact between the parties at the time the child was conceived; or,
(2) denying paternity and stating facts establishing a possibility that either the parties did not have sexual contact, or if they did that the sexual contact did not result in the conception of the child.
What if the mother is not available for testing?
In those rare circumstances where the biological mother is either not available or refuses to follow the court order to give a genetic sample for testing, the child and father may be tested without the mother.
What if the father is not available for testing?
The court may order genetic testing of a deceased man. You must convince the court that there is a very good reason to do this.In those other rare circumstances where the man who may be the father is not available for testing, it is possible for the court to order that a relative of the alleged father submit a DNA specimen for testing. The person requesting the test must show that there is a very good reason for this order and that the circumstances are extraordinary. What this means is that you must convince the court that the need for genetic testing outweighs the legitimate interests of the relative not to be tested. This argument is very difficult to win. We strongly recommend that you retain an attorney and not attempt it on your own.
Who pays the costs of court ordered Genetic Testing?
The initial costs for court ordered Genetic Testing are usually paid by the person requesting the genetic tests. However, the court can order either party to pay or can even split the costs. The parties can also decide between themselves who will pay.
Can Genetic Testing be done before the child is born?
No, a court may not order in-utero testing, that is, a court may not order that a child not yet born be tested.
What if two or more men need to be tested?
If there are two or more potential biological fathers the court can order that the men be tested either concurrently (at the same time) or sequentially (first one, then another and so on till they are all tested).