When a married woman has a child, there is a legal presumption that her husband is the father of the child. For unmarried couples, establishing paternity through paperwork or genetic testing is typically necessary.
Sometimes, one parent may question the need for genetic testing. In some cases, a parent may use concern about medical consequences as a justification to refuse genetic testing to establish paternity. The testing process requires samples from both parents and the child for the most accurate results.
Some people may worry about the risks and potential side effects of medical testing. Does genetic paternity testing expose parents are children to unnecessary medical risk?
Prenatal testing carries some risk
Testing while a woman is pregnant can potentially lead to medical complications in rare cases. Any procedure that must secure genetic materials from an unborn child can increase the risk of complications during the pregnancy, including spontaneous miscarriage.
While tests are now safer than they were a decade ago, there is still enough risk that parents can potentially decline testing based on concerns for the unborn child. However, genetic testing of an infant or child poses nearly zero medical risk. The process involves a cheek swab, not even a blood draw. As such, parents generally cannot refuse genetic testing after the birth of the child based on claims of risk.
Those hoping to establish paternity and navigating other child custody legal issues may need help asserting themselves and navigating the legal system. Hiring a family law attorney can be an important step for those facing a custody dispute or a disagreement related to paternity testing.