What is paternity?  Paternity is a term meaning the legal father of the child.

What is the difference between a legal father and a biological father?  Every child has a biological father. The biological father is the man with whom a child's mother becomes pregnant. The legal father is the man the law recognizes as the father of the child. The legal father may or may not be the biological father.

When a woman is married and becomes pregnant, it is presumed that her husband is the legal father of the child and paternity is established without the parents having to take any legal action. When an unmarried woman has a child, an official action is needed to establish the legal father of the child. This is called the establishing of paternity.

How is paternity established?  When a child is born to an unmarried mother, paternity can be established if:

Parentage must be established before a father's name can be placed on the child's birth certificate.

Why establish paternity?  The benefits to the child are:
•  knowing who both parents are.
•  legal documentation of his or her parents.
•  father's name will be on the birth certificate.
•  support from both parents.
•  access to family medical history.
•  health insurance coverage, if available.
•  the right to inherit from either parent.
•  the right to receive Social Security or veteran's benefits, if available.

What is genetic testing?  Each person has a unique genetic blueprint stored in material called DNA. DNA markers help determine identity. Each person's DNA exists in two sets: one inherited from their mother and one inherited from their father. In paternity cases, DNA testing will tell if the child's DNA markers are inherited from a particular father.

The Washington County child support office will assist with the genetic testing process if either the mother or the alleged father has applied for services and a legal father has not yet been established for the child.

If genetic testing is arranged through the child support office, the test is completed through buccal swab collection from the mother, alleged father and child. Buccal swabs are cotton swabs that are rubbed firmly against the inside of each person's cheek to obtain DNA cell samples and those samples are sent to a lab for testing.

Can anyone have genetic testing done through the child support office?  The child support office will only arrange for genetic testing if the mother or alleged father applies for child support services, or receives public assistance benefits for the child, and the child support office determines the applicant's child does not have a legal father.

Individuals who want genetic testing but do not have a child support case open with the child support office can independently contact a genetic testing lab about genetic testing services.

Is blood more accurate than cheek cells when testing for paternity? A person's DNA is the same whether it is collected from cheek cells or blood, so both are equally accurate.  Collecting blood samples from children can be a painful and frightening experience, so the child support office uses cheek cell collection instead of blood sample collection.

How accurate are genetic tests?  DNA testing is very accurate and will indicate either a probability of paternity greater than 99.9% (inclusion) or 0% (exclusion).

At what age can children be tested?  Samples can be collected from children at any age.

Does genetic testing establish paternity?  Genetic testing does not establish paternity. It does provide the mother and potential legal father with factual information to help them decide if they want to sign the Recognition of Parentage. In a paternity legal action, the test results are important evidence that can help the court determine who the legal father is and to issue a court order naming the legal father.

Who pays for genetic testing in a county paternity case?  The child support office will initially pay for the testing, however if the genetic testing proves the man is the child's biological father, the Court may order either or both parties to contribute to the cost of the genetic testing.  If the genetic testing excluded the man as a possible father, he does not have to pay for any of the testing fees.

Can genetic testing be completed without a sample from the mother?  Accurate results can be obtained without a sample from the mother. In these instances, samples from the child and alleged father must be obtained. Additionally, when the mother's genetic information is not available, additional tests are run to provide the same level of confidence in the results.

Can genetic testing be completed from a recently deceased individual?  A deceased individual's DNA can be tested, provided the coroner's office has samples on file and a deceased family member or the court authorizes the release of the samples.

Can genetic testing be completed if the father is deceased and a DNA sample cannot be obtained?  Paternity can still be established by testing other known family members to construct the DNA lineage. Parents, grandparents, aunts, uncles, siblings and cousins can all be used to reconstruct family relationships.

What if one of the individuals to be tested resides in another city or state?  Sample collection can be scheduled at a site near that individual's place of residence or employment.

How long will it take for the results to be ready?  The genetic test results will be available within 21 days of when the last person was tested. Child support workers will not give genetic test results over the phone.  Each person tested will receive the results by mail.

What if there are multiple alleged fathers?  All possible fathers may need to be tested. Genetic testing may occur either voluntarily or may be court ordered.

What if all the individuals who need to submit to genetic testing are not cooperating with the child support office?  The Washington County Attorney's Office works with the child support office and may bring a court action asking a Judge to order all the necessary individuals to submit to genetic testing.  When a Judge signs a court order for genetic testing, the mother, father and child must submit to testing. 

Failure to cooperate with court ordered genetic testing may result in a warrant being issued for the arrest of the person(s) who fail to cooperate.

What is the Recognition of Parentage?  The recognition of parentage is a document that establishes the legal relationship between a father and his child when the father is not married to the child's mother. Both parents must sign this form and a notary public must witness each signature. The signed Recognition of Parentage must be filed with the Office of the State Registrar for the father's name to be added to the child's birth certificate.

If the Recognition of Parentage was not signed at the hospital when a child was born, it can be signed later. Recognition of Parentage forms can be obtained and signed at the child support office and the child support worker will file the forms with the Office of the State Registrar, or forms can be obtained through the Office of the State Registrar.

What if you change your mind after you sign the Recognition of Parentage?
During the first 60 days either parent can revoke the Recognition of Parentage. Within those 60 days the Recognition of Parentage can be undone by writing on a blank piece of paper that it is being revoked. The revocation must include the child's date of birth and name, your name, and the other parent's name. The revocation must be signed in front of a notary public and then filed with the Office of the State Registrar. A formal revocation form is available at the child support office or the Office of the State Registrar. 

After 60 days the Recognition of Parentage cannot be revoked. A court action would need to be filed, asking the court to undo the Recognition of Parentage. This must be done within one year after signing the Recognition of Parentage. However, if genetic tests are obtained and show that the man who signed the Recognition of Parentage is not the father of the child, the court must be asked to undo the Recognition of Parentage within six months of getting the test results.

What are the advantages for fathers who sign the Recognition of Parentage?

What are the advantages for mothers who sign the Recognition of Parentage?

What are the disadvantages of signing the Recognition of Parentage?  By signing the Recognition of Parentage instead of going to court to establish parentage legal rights are given up including:

Also, the Recognition of Parentage gives the mother physical custody and legal custodyof the child. It does not give the father automatic rights to parenting time, or access to the child's school and medical records. If parents cannot agree about these issues, they may need to go to court and ask a judge to issue a court order relating to custody and parenting time.

What if there are doubts about who the father is? The Recognition of Parentage should only be signed if both the mother and alleged father are sure he is the biological father of the child. The child support office can arrange for genetic testing if paternity establishment services are applied for or public assistance is being expended for the child.

What if the mother and/or father are under the age of 18 when they sign a Recognition of Parentage?  When one or both parents are minors and sign the Recognition of Parentage, a court order is the only way to get a final determination of parentage. Six months after the youngest turns 18, the Recognition of Parentage becomes valid and is the same as a court order determining parentage.

What are the advantages of asking a court to determine parentage?  Going to court provides both parents:
•  the right to be represented by an attorney.
•  the opportunity to cross-examine witnesses.
•  to testify about the identity of the biological father of the child.
•  to testify about genetic testing.
•  a court-ordered parenting time (visitation) schedule and custody determination.

What are the disadvantages of asking a court to determine parentage?  Going to court can:
•  take money because of fees and the cost of hiring an attorney.
•  take longer than voluntarily establishing parentage.