To establish paternity, a father will sign an Acknowledgement of Paternity form. In some cases, both parents agree on their child's biological father, and the father voluntarily identifies himself.
If there is a disagreement in terms of paternity, the court may order DNA testing. If the paternity test is court-ordered, neither the mother nor the presumed father can refuse to test.
What is DNA Testing?
DNA testing for paternity is a scientific method used to determine whether a man is the biological father of a child. The process involves comparing the genetic material (DNA) of the alleged father, the child, and sometimes the mother.
Typically, DNA samples are collected through non-invasive methods such as buccal (cheek) swabs. These swabs collect cells from the inner cheek, which contain DNA. Blood samples may also be used, but they are less common due to their invasiveness.
The collected samples are sent to a laboratory specializing in DNA testing. In the lab, technicians extract DNA from the samples and analyze specific regions of the DNA that are highly variable among individuals. These regions, called genetic markers or loci, are used for comparison.
The DNA profiles of the alleged father, child, and mother (if available) are compared. A child inherits half of their DNA from each biological parent, so the child's DNA profile should contain genetic markers that match those of the biological father.
Based on the comparison of DNA profiles, the laboratory calculates a probability of paternity. This probability indicates the likelihood that the tested man is the biological father of the child. In cases where the probability exceeds a certain threshold (typically 99.9% or higher), it is considered highly likely that the tested man is the biological father.
The laboratory provides a report detailing the results of the DNA analysis. If the probability of paternity is high, the report will conclude that the tested man is considered the biological father of the child. If the probability is low, the report will state that the tested man is excluded as the biological father.
Is It Illegal to Refuse a Court-Ordered Paternity Test?
Yes, it is illegal. Neither parent can refuse to submit to a paternity test. The mother must supply a sample of the child’s DNA, and the father must supply his own. If anyone refuses to submit to court orders, they can be held in contempt of court, a crime punishable by fines and imprisonment.
Why Parents Establish Paternity
A child’s paternity must be established in Texas before child support cases can proceed. Parents entangled in child support cases may ask the other party or be ordered by the court to complete a paternity test. Outside of helping in child support cases, establishing paternity can also help:
- Ensure the child has a relationship with both parents
- Inform the child and their parents of their family medical history
- Children gain access to insurance benefits or inheritance
- Mothers share parenting responsibilities (outside of finances)
- Fathers gain legal parental rights
If a mother was married when her child was born, her husband is believed to be the father. On the other hand, unmarried couples must legally establish paternity. To understand the establishment of parent-child relationships in Texas, you can review Texas Family Code § 160. You should also speak with our attorneys.
Why You Need a Paternity Lawyer
If you are involved in a paternity lawsuit, retaining legal representation is in your best interest. An experienced attorney can help you understand your rights and options. In paternity cases, legal counsel also helps their clients:
- File the necessary paperwork
- Understand their legal obligations (like adhering to court-ordered testing)
- Remind them of upcoming court appearances
- Advise them with regard to court etiquette
- Navigate the legalities associated with the court determinations
- And more