There are many cases where a Declaration of Paternity might be required. In some cases, a paternity test might be required as evidence in a court of law in order to prove the father-child biological relationship. This is typical in majority of paternal lawsuits and custody battles. Legal paternity testing that is ordered by a court of law will require the sample collection in front of a witness. These are then sent to a specialized lab where DNA profile comparisons between the father’s sample and child’s sample are to be made.
Need a Declaration of Paternity?
A Declaration of a Paternity is a document signed by parents attesting that they are a child’s biological parents. When parents of a child are not legally married at the time of conception or during the birth of a child, the father is not legally bound to the child and does not have any parental rights or responsibilities. The mother, father or third party must then seek a Declaration of Paternity test to establish a legal father-child relationship between the purported father and child.
By ascertaining the relationship between father and child, the father has custodial rights over the child and is also under legal obligation to provide for the child. Declaration of Paternity forms are normally filed by state agencies and for some states, it is a requisite, in legal cases of disputed paternity that DNA testing be used, prior to filling out a Declaration of Paternity forms.
How to conduct a legal paternity test
Most state agencies require that a legal paternity test be done in cases of disputed paternity and paternal lawsuits. Legal paternity testing normally starts from the initial steps of paternity testing to the final steps. The following steps should be followed for a paternity test to be considered as legal. If the alleged father is deceased or if the alleged father is in prison, you will need to consult a legal entity for further guidance.
A paternity test performed against the wishes of a test subject is considered as being illegal by law. As such, a purported father should give consent prior to a paternity test and sign an affidavit attesting to his willingness to take part in the testing. A court order forcing the purported father to take a paternity test is also recognized by law.
Use the services of certified testing centres
As a rule, the DNA testing centre carrying out the paternity testing should be certified for the paternity test to be considered as being legal. As such, you should ensure the centre in which the paternity test is to be carried out is certified by the relevant state agencies.
How to get a father’s name on a birth certificate
This is the next step for individuals who conceived a child out of wedlock and have carried out paternity testing. Getting a father’s name on a birth certificate entails many legal aspects and the following steps should be followed when doing this. As a norm, an individual is required to have a Declaration/Acknowledgement of Paternity form prior to adding a name on a birth certificate. However, the procedure to be followed varies from state to state and it is usually advisable to acquire the services of a paternity attorney when carrying out this process.