Monday, January 16, 2012

DNA Testing for Family Law and Immigration Cases has Strict Standards

DNA testing is sometimes used in paternity, adoption and immigration cases. 

Here are some reasons that DNA testing may be used and who may request the test:

1.  In a traditional paternity case:  As evidence of the identity of the biological father

a. requested by the biological mother in order to enforce the duty of care and child support; or

b. requested by the biological father who wants to enforce his rights to the child and be allowed to be part of the child's life; or

c. by an alleged father who knows or suspects that he is not the true biological father and does not want to have rights to the child or a duty to support him/her; or

d. ordered by a court as evidence in the case.

2. In an adoption:

a.  to prove that a child is truly the offspring of one or both biological parents when the biological parent(s) are consenting to an adopiton (especially in international adoption cases).

b.  to prove that someone is NOT a parent of the child about to be adopted and therefore does not have to agree to the adoption

c.  to comply with international, federal immigration, or state law in an international adoption as part of the evidence in the file and part of procedural requirements

3. In immigration law:

a. to prove that a person is truly the offspring of an alleged parent who is petitioning for them with the immigration service

b. to prove identity of a person by objective, scientific evidence

In both international adoption and immigration cases there are very strict guidelines about which labs may process the tests and how and when the tests should be done.   In other family law cases it may be possible to use tests as evidence which were obtained prior to the case being filed (but this is not always true).   In order to prevent delays in your case it is always best to seek legal advice and be certain that you are using a lab which is reputable and approved by the governmental agency or court that is involved in your case and that all proper procedures are followed.  

Kalish Law Office 281-363-3700 Family and business law since 1984. The Woodlands, Texas.








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