How Is Genetic Testing Used to Establish Paternity in Illinois?

 Posted on May 27, 2020 in Family Law

Establishing paternity is something that every Illinois mother should consider for her child. Legally establishing paternity for your child can guarantee rights for both your child and your child’s biological father that neither would have otherwise. In some cases, you will not have to do anything to establish your child’s paternity. A man is presumed to be the father of a child if he is married to the child’s mother when the child is born or gets married within 300 days of the child’s birth. If the mother is unmarried when the child is born, she will have to establish the child’s paternity through a different route.

The easiest way to establish paternity is by having both parents sign the Voluntary Acknowledgement of Paternity (VAP) form at the hospital when the child is born or shortly thereafter. If both parents do not agree about the child’s paternity, the case can be brought to court. In cases of contested paternity, genetic testing is often conducted to eliminate any doubts or disagreements about who the child’s biological father is.

How Does Genetic Testing Work?

If the paternity of a child is contested, the child’s parents can choose to go to court to settle the issue. If the couple does go to court for their paternity lawsuit, the judge will most likely order the mother, father, and child to all be genetically tested to determine the child’s paternity. Each person's DNA will be tested to look for matches. Every child gets half of their genes from their mother and half of their genes from their father. This means that portions of the child’s DNA will match parts of each parent's DNA. The child’s father is determined by finding matches between the child’s DNA and the father’s DNA. A man is ruled out as being the child’s father if the man’s DNA does not match the child’s.

How Accurate is Genetic Testing?

DNA testing, also known as genetic testing, is extremely accurate. There are a few different types of testing that can be used. The type of testing that is selected typically depends on when the DNA test is conducted. The test is commonly conducted using a blood sample or cheek swab, both of which contain DNA. The results of the test are so accurate that it can be determined with 100 percent certainty when a man is not a child’s father. To be legally valid, a test must show with 99.9% certainty that the man tested is the child’s biological father.

Discuss Your Case With a DuPage County Paternity Attorney

In some cases, both parents will agree on the child’s paternity and willingly sign a VAP. In other cases, the child’s paternity may be contested. In these situations, it is not uncommon for a parent to request a genetic test or for a judge to order one. At the Goostree Law Group, we understand how important it can be to you and your family to establish your child’s paternity. Our Wheaton, IL paternity lawyers are here to help you through the entire process, from start to finish. To schedule a free consultation, call our office at 630-364-4046.

Sources:

https://www.illinois.gov/hfs/SiteCollectionDocuments/hfs1759.pdf

https://www.illinois.gov/hfs/ChildSupport/FormsBrochures/Pages/hfs3282.aspx