Legal Paternity Testing When an Alleged Father is Deceased . . .

5th May 2010

paternity-express-sad-child2It is becoming more and more import to have a father sign and document that a child is truly his biological child while he is alive and able to speak and act for himself.  Tragedy doesn’t give us warnings when it is about to strike, and many mothers, especially single mothers, are caught in a situation where legal paternity of a child was not established (i.e., the father of their child did not have his name put on their child’s birth certificate thus publicly declaring that he fathered their child) and he dies suddenly.  They are rudely awakened when they find out how important it is when they visit their local Social Security Office and are told that their child “is not” the deceased person’s child and they do not have proof to say otherwise.  Although they know it for sure; they must prove it to the authorities.  Because they really do not have any proof . . . even when members of the deceased man’s family may provide them affidavits that the deceased acknowledged to them that he fathered the child; they must provide some material proof such as a DNA paternity test which provides indisputable proof, provided the DNA test was done following the strict “chain of custody” method.  If you ever find yourself in this situation . . .

 

Don’t panic, paternity testing may still be performed if the mother wishes and is willing to do a few things to help her situation.  If the deceased person died suddenly or as a result of a crime, an accident, suicide, or long illness or if he died in a hospital, it is likely that an autopsy was performed.  A blood card or other suitable forensic specimen may be obtained from the hospital, or medical examiner / coroner who performed an autopsy on the deceased.  The hospital, coroner, or medical examiner can provide the necessary chain-of-custody documentation by completing and signing a few documents which attests to the collection of and the unbroken chain of custody of samples being turned over to a lab for DNA testing; most testing labs will even provide these forms.  Of course, the mother and the next of kin of the deceased would need to complete a few documents requesting the hospital, coroner / medical examiner turn over a “blood card” or qualifying “forensic sample” from which a DNA profile of the alleged father may be taken for comparison with the child.  They also must sign documents giving the testing lab the authority to do the DNA paternity test between the deceased samples and the child in question.  The child’s DNA samples also must be collected using the strict chain-of-custody method in order for the lab to issue a “legal” paternity report which may be presented to Social Security and also is admissible in court.

 

Even when the family refuses to give permission for the mother to get a sample of the deceased’s DNA for testing, the mother can turn to the courts and ask for an order to secure the release of the deceased’s DNA for paternity testing.  Of course she would need to tell the court the purpose for her request and provide proof such as the Social Security documentation which would clearly show that there was a need to prove that the deceased was the biological father of the child presented to Social Security to obtain benefits.

 

There are other tests which include but are not limited to  family reconstruction, avuncular, and Grandparentage which may provide proof of a child’s paternity, however, nothing beats the alleged father’s direct participation . . . even when it is done post mortem.

DNA Testing Solves Thousand-Year-Old King Tut Parentage Mystery

15th March 2010

paternity-express-forensic-testing1Did you know that DNA testing can solve the mystery of a person’s parentage as well as tell the maternal lineage and the paternal lineage? A few years ago, scientists solved the mystery of King Tut’s parentage using a series of DNA tests.  DNA was taken from several different mummies including Tutankhamen; only three of the mummies were known for certain.  DNA samples were taken from five of the royal mummies dating back to the 1550-1479 B.C. Yes, before Christ!  Through a series of reconstructive DNA testing we now know who King Tut’s maternal lineage, as well as his paternal lineage, and is now able to identify Tiye, mother of the Pharoh Akhenaten and grandmother of King Tut.  It is amazing that after thousands of years, DNA could be taken from deceased, embalmed, mummies that were thousands of years old and used to establish biological relationships as was the case of King Tut.

 

If DNA can be taken from samples thousands of years old, think what it can do in cases where a person is alive or recently deceased.  Even when you think your situation is hopeless, it might very well not be there’s always Forensic DNA Testing.  DNA samples are quite often saved in the form of blood cards, forensic tissue, etc., by many medical examiners.  A simple request made by a deceased’s next of kin to the medical examiner’s office will get forensic samples from their loved ones released to our labs; and with the collection of a controlled sample (the child, other relative, another deceased, etc.) used to establish the biological relationship.  Results from these testing may be used for many different purposes such as Social Security benefits, child support, immigration, etc., among other reasons. 

 

Establishing  paternity, maternity, or some other biological relationship has become quite commonplace.  A simple telephone call to make the request and schedule an appointment, and a few days later and you will have your questions answered conclusively.  Our labs test twice for accuracy; and can tell decisively whether an alleged father is included usually to the degree of 99.99% or excluded 100%.  So, don’t worry, get tested!

When DNA Testing is Critical to Your Immigration Case

20th December 2009

Paternity Express-Immigration

Most people simply file their petition for a relative who resides in a country outside of the United States and its holdings.  They complete the necessary forms required by Immigration / Homeland Security and they pay the required fees.  Immigration / Homeland Security acknowledges their petition by sending them a receipt which contains the “case number” which must be referred to every time one has to correspond with the consulate or Homeland Security, every time you contact them whether in writing or by the telephone.  It is most important to always have this case number as it is in your best interest.  Immigration / Homeland Security deals with millions of cases each year and that is the only way they will know who you are and to which case you refer every time you contact them.  Homeland Security / Immigration then asks you to provide several pieces of documentation which establishes that the petitioner (the person making the request or asking permission to bring another person into the country)  has the right to make this request.

The petitioner is then asked to prove one of several things 1) they are a legal resident of the United States [a green card holder]; 2) they are a citizen of the United States, either by birth or by naturalization; or 3) their petition meets with the refugee guidelines or some other guidelines whereby the sponsor themselves were granted refugee or some other permanent status and has the documents they were given then to prove it.  Quite often if those documents do not satisfy the consulate, then the consulate may ask for several additional items, including but not limited to DNA Testing.  The sort of DNA testing requested will depend upon the case itself and can range from a Maternity DNA Test; a Paternity DNA Test; or some other relationship testing which they will specify in their correspondence with the beneficiary.

The requesting Consulate /  Homeland Security will make their request in writing, setting forth additional guidelines one of which is that only an AABB-Certified laboratory in the United States should perform the testing.  They will further stipulate that, the resulting DNA Report must be sent back to the requesting entity directly from the AABB Certified Lab.  The results of the DNA testing is used to establish a biological relationship with the sponsor who is the person who is asking them to grant residency to the person who wants to come into the country [also referred to as the beneficiary].  Our lab knows how critical this request is and testing is done immediately upon receipt of the samples.   A report is then sent directly back to the requesting agency and the participants will be sent a file copy of what was sent to the Consulate or Homeland Security.  The file copy sent to petitioner and beneficiary is simply for their personal use, and must never be presented to immigration.  This copy, however, may be used in any other court proceedings as it is a legal document and will be recognized as such by a court of law.

DNA Testing and Adoption

19th December 2009

Paternity-Express-adoptive-familyThere are thousands of adoptions each year in the United States, and inter-country adoptions accounts for quite a bit of all adoptions.  All combined, there are millions of adopted children now living in the United States.  Quite often, there comes a time in the lives of both adopted children and their biological parents that they want or need to find each other.  Their decision to find each other is varied, but quite often is triggered by some major event in their lives such as marriage or the birth of a child.  In modern medicine, the medical history of biological parents is indispensible in the diagnosis and treatment of disease in descendents.

More and more adoptive families and their representatives use DNA testing at various times during the adoption process, because knowing the biological identity of the child that they are adopting, especially through proper relinquishment, will alleviate some of the stress and uncertainty while raising their newly adopted child.

There also exists a DNA Reunion registry where adoptees and their biological parents may register by submitting to a simple DNA test and creating a profile for themselves.  This DNA test will produce a 16 marker DNA profile which may be input to the DNA Reunion database to search for any possible matches between a parent and an adopted child.  When a genetic match is identified clients are notified.  The profile remains in the database for some five years and is compared to all new profiles for possible matches as they are added.  After then the subject may renew their subscription if they choose to.

DNA Reunion is an advanced technology based registry that uses the power of DNA to reunite birth parents and adoptees. The technology of DNA facilitates reunification without having any biographical information about the birth relative that the adoptee is searching for.

Determining Which Paternity Test You Need

31st July 2009

dna-scientist-working-in-the-laboratoryThere are several types of DNA Paternity tests, however, the two main types that are commonly requested for paternity testing are: the Legal paternity test or a Home (a/k/a peace of mind or second opinion) test.  You can decide which is appropriate for you by answering a simple question.

Do I need my test because I want to know, get a second opinion, or answer some personal nagging question for myself? If you answer yes, then the Home test is all you need, or

Do I need my test result for some formal (legal) reason such as to add my name to a birth certificate, child support case, as proof for Social Security benefits, to establish a biological relationship for an immigration matter or some other formal matter which usually involves the government? If your answer falls in any of these categories, then the Legal test is what you need.

What’s the difference?  For the Home (a/k/a peace of mind or second opinion) samples may be collected by you and documentation paperwork is minimal.  For the Legal test, samples must be collected by a trained third party.  This method established a chain-of-custody of the collected samples as well as the accompanying documents, and all subjects are photographed and fingerprinted and must provide official government issued identification.  Minors who are babies up to a year old are not fingerprinted

A DNA paternity test will positively determine whether a man could be the biological father of a child. Everyone of us inherits our DNA (deoxyribonucleic acid) our genetic material or fingerprint from our biological parents; one half from our mother and one half from our father. A DNA paternity test compares a child’s DNA profile with an alleged father’s profile for evidence of DNA inheritance.  This is the most definitive proof for establishing biological relationships.

The result of a DNA paternity test has one of two outcomes: the alleged father is not the biological father (an exclusion), or the alleged father is considered the biological father (an inclusion). For our standard paternity tests we guarantee at least a 99.99% probability of paternity for inclusion or 100% certainty of exclusion.

DNA Tests Erase Grey Areas

15th January 2009

Because human relationships can sometimes be so complicated, it’s great that science has developed a method of determining, by way of a DNA paternity test, the existence of a biological relationship between a man and a particular child. A paternity test is 99.9% accurate for inclusions in confirming the biological relationship between a man and a child; and at the same time it is 100% accurate for exclusion.  While there are many different services offering DNA testing, all paternity tests have three things in common: an alleged father, a mother and at least one child

1.      The Donors. Most often, the alleged father and a child is sufficient for a paternity test; however, when the mother is included a faster, more decisive conclusion is reached immediately.  Why is this?  It is always better to know the mother’s DNA patterns.  In some motherless cases where only the father and child’s specimens are initially provided, the lab may find “mutations” and it will then call for the mother’s sample to complete the paternity test.  Therefore, it is always better to provide the mother’s samples as the mother’s involvement helps to make the testing even more accurate as she contributed one half of the child’s DNA.  One area of testing that the mother is automatically included is in cases of a pre-natal DNA testing - testing during pregnancy or while the mother is carrying the child

2.      Even the USCIS has gotten into the fray of things, and are requesting proof that a biological relationship exists between the petitioner and his or her beneficiary by way of an immigration DNA test (a/k/a the “maternity” or “paternity” DNA test).  Of course, there are many other sorts of DNA tests for any number of applications.  Whatever the application, DNA tests are here to stay and more and more it’s settling many issues that arise in everyday life such as matters surrounding things like inheritance and estate matters.

Formal Tests - Two testing options are available for paternity testing:

The private paternity test (a/k/a “peace of mind” or “home“) where the client requests and are sent the sample collection kits.  The client or someone they appoint collects the samples themselves and returns them to our lab.  Not much documentation is required by the private test.  Simply completing the Chain of Custody included in the kit and signing it and providing the samples is sufficient.  It should be noted here that New York State Department of Health does not permit private DNA tests for its residents.

The legal paternity test (a/k/a court admissible) where the client goes into a doctor’s office, a sample collection site, or a clinic, and a disinterested third party (a trained DNA specimen collection technician) collects the donors’ samples and completes the formal chain of custody form.  This formal collection process entails the taking of the donors’ fingerprint, photograph, and making a copy of the donors’ government issued identification.  All these items together with the donors’ samples establish and attest to an unbroken chain of custody.  Meaning: the donors did not at any time have care or custody of the samples arriving in the lab.  This is what a court relies on (the unbroken chain of custody)   Paternity Express will even provide trained mobile technicians for people who are immobile or simply prefer not to go to a doctor, collection center.  We send out trained DNA specimen collection technicians at your request.  Of course you must make a copy of all documents (passport, drivers’ license, etc., etc.) and you must have the original of each document so the technician can review that the copy is indeed from the original.  For there to be a mobile collection in New York State, the client must have first obtained a doctor’s script, an attorney’s request, a social workers request, a court’s order, or a parole officer’s request in addition to having the identification documents and copies mentioned above.

One of the other applications that are taking a foothold into our society is the infidelity DNA test. This test will answer conclusively questions regarding who is the donor of a particular stain on an article submitted to the lab.  The article may be from many varying sources, but one should check with the lab that the item they want to send in is indeed testable before sending in their articles.  This sort of testing will settles the question regarding whether a spouse has been cheating, by establishing whether the spouse was the donor of the sample deposited on the article sent in for testing.  Of course, the spouse should also provide his or her sample so a DNA profile is available for comparison with the stain thereby proving or disproving the other spouse’s infidelity.

In this arena of modern scientific technology, it is possible to even trace a person’s lineage / ancestry / relationship with various other members of their family.

Our Labs are certified by The American Association of Blood Banks, the United States Department of Health and Human Services, CLIA, and the New York State Department of Health