A paternity test is completely legal in the United States. Almost anyone can make use of the paternity-kits and get the results for personal knowledge. This is however not recognized by the paternity test court. In certain circumstances, the court will order carrying out the paternity test. According to the court’s directive, the lab conducting the paternity test must be accredited by the AABB (American Association of Blood Banks). The legalities associated with a paternity test can differ from one state to the other. For instance, it is mandatory in some states for unmarried couples to get a paternity test done. Though the sole purpose of DNA test is to determine the biological relationship with the father, it also becomes necessary in cases of family-based immigration claim.
According to the laws, not everyone can file a petition to request a paternity test to be done under the instructions of the court. Those who are eligible are the mother of the child, someone who claims to be the father of the child, any legal guardian of the child, the child, once they are no longer minor and in some cases a prosecutor if mediation of a third party becomes necessary.
An individual is still considered to be legal custodian or father of a child even if the person ended the marriage with the mother when the child was in her womb and was born within 300 days within the ending of the marriage. This very situation can be challenged by conducting a paternity test. Most of the states in the US consider this as a civil lawsuit. Whenever, someone files a petition a thorough review is done. If there is enough evidence the court will necessarily order the alleged father to conduct a paternity test. All the decisions related to paternity will be taken by the court upon the submission of results and is considered final. If the alleged father leaves the state before the court proves the parentage, the person has to pay for child support, regardless of wherever he is staying.
The results of the paternity tests are deemed to be 99.9% accurate. In the recent times, the concept of paternity fraud has also become a common phenomenon. This is done in several ways, like tampering with the lab results; the alleged father is either infertile or undergone vasectomy or the handiwork of the woman by providing incomplete or wrong information. In these situations, the results of a paternity test can be challenged.