Paternity cases are those cases where a child is born to unwed parents. In this kind of case the question of whose the Dad is often raised. Also, in a paternity case there need to be a formal adjudication of the natural father rights to custody and visitation. Prenatal paternity testing is a possibility in rare court cases. With technology and its advances, the courts will allow three different types. We summarize these for you and provide you with legal feedback.
Prenatal Paternity Testing
- Chorionic Villus Sampling
Chronic Villus Sampling, or CVS, is a high-tech procedure. A technician will extract a DNA sample from the fetus. This is in the tissue surrounding the fetus though and not the actual fetus itself. A mother can typically undergo this process from 10 to 13 weeks into gestation. This procedure can cost thousands of dollars and may contribute to miscarriages. So doctors rarely perform this prenatal paternity testing unless there is a good cause.
This type of prenatal paternity testing is also invasive. A physician will insert a needle into the womb of the mother to draw out amniotic fluid. This will take cells the fetus sheds into the amniotic fluid and compare them to both the mother and potential father’s DNA. Costs for this test are minimum $1,000 and have a high likelihood of costing more.
- Blood Testing
The blood testing option is the least invasive type of prenatal paternity testing. A mother may undergo the testing as little as 8 weeks into the pregnancy. Samples of blood will be drawn from both mother and potential father. The testing will compare the blood samples to see if the mother has extra blood types that match the father. This happens because a mother’s blood type can vary slightly when she is pregnant to reflect the child’s blood type. Again costs generally reach over $1,000 to perform this test.
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Prenatal Paternity Tests and the Law
Courts and the legal system have some apprehensions about the need for prenatal paternity testing. While the tests can provide emotional relief, it may simply be an unnecessary procedure. The law however, does allow prenatal paternity tests. The court will not make a full determination on the child’s paternity until the actual birth of the child under Title 10 §7700-611. As a result, the testing will be a factor, but it may only be after the birth of the child.
OKC Custody Attorneys
Our OKC attorneys understand that many times knowing the paternity of a child beforehand can be helpful. While this is the responsibility of both parents to bear, sometimes the father must act in his responsibility once the child is born. Our offices will help you with the necessary legal aspects of a custody and paternity suit. Call our offices today if you face paternity questions.