Also known as: DNA test · DNA tests · DNA tested · genetic testing · DNA analysis
Written by attorneys · grounded in primary & secondary sources — see below
Genetic analysis performed on biological samples to identify parent-child relationships. The method supplies evidence in proceedings to adjudicate parentage when a sworn statement alleges a reasonable possibility of genetic connection. Statutory limits bar its use to challenge established parents under assisted-reproduction provisions or to establish parentage of a donor.
Tanya signed clinic forms labeling himself a donor for Seth's assisted-reproduction procedure. After the child was born, Tanya sought DNA testing to claim parentage. The court denied the request because the donor designation prevented use of genetic testing to establish parentage.
Mark was the presumed parent of Lena's child after living with her for three years. A putative father requested DNA testing. The court denied the motion after weighing the length of the existing parent-child relationship under the best-interest factors.
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The child-support agency received sworn statements from two alleged fathers. It ordered genetic testing of the child and both men to proceed concurrently. The court upheld the order because the statute permits sequential or simultaneous testing of multiple individuals.
The woman who gave birth declined to submit a sample. The court ordered testing of the child and the alleged father anyway. The statute expressly provides that testing of the birth mother is not a condition precedent to testing others.
A convicted defendant sought access to crime-scene evidence for DNA testing years after trial. State law provided no mechanism for such testing in post-conviction proceedings. The court denied the request because no federal due-process right compelled the state to provide the testing.
A court must order testing when a party's sworn statement alleges a reasonable possibility that the tested individual is or is not the genetic parent. The order covers the child and any other individual whose parentage is at issue. Testing of the woman who gave birth is not required before testing others.
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The testing must be performed in a laboratory accredited by the AABB or an accrediting body designated by the Secretary of Health and Human Services. The method must also be one reasonably relied on by experts in the field. Absence of accreditation renders results inadmissible regardless of the probability reported.
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No. The statute expressly prohibits use of genetic testing to establish the parentage of an individual who is a donor. The prohibition applies even if the donor later seeks to assert parental rights after the child is born.
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A presumption of parentage may be overcome only through a formal adjudication that applies the best-interest factors. Genetic results alone do not automatically rebut the presumption. The court must weigh the length and quality of the existing parent-child relationship against competing claims.
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…a sample of the petitioner’s blood. The outside laboratory was Cellmark Diagnostic Laboratory, which had been hired to conduct DNA analysis of semen found on vaginal swabs taken from a rape victim. At the time of the trial, the petitioner had already been identified as a possible suspect based on a separate investigation. The…