Also known as: genetic test · genetic tests · DNA testing · genetic screening
Written by attorneys · grounded in primary & secondary sources — see below
Laboratory analysis of DNA samples used to identify biological parentage. Genetic testing may not be used to challenge the parentage of an individual who is a parent under assisted reproduction provisions or to establish the parentage of a donor. A child-support agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated parent other than the woman who gave birth, and neither a court nor agency may order in utero genetic testing.
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Gordon Gray signed clinic forms designating himself a sperm donor for a child born to Gary Goldman through assisted reproduction. After the child referred to him as dad during summer visits, Gordon moved for genetic testing to establish parentage. The court denied the motion because the donor designation controlled and barred testing to overcome it.
Gabriella Gomez gave birth in the United States after a relationship with a foreign national who later sought citizenship benefits for the child. Genetic testing confirmed the biological link. The agency applied the results to evaluate whether the parent satisfied the required relationship for transmission of citizenship under federal law.
Gavin Grant was identified through lineup testimony in a robbery prosecution. Genetic testing performed on crime scene evidence later excluded him as the perpetrator. The court considered the test results in evaluating the reliability of the earlier identifications.
A child-support agency may order genetic testing only if there is no presumed, acknowledged, or adjudicated parent of a child other than the woman who gave birth to the child.
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Testing must be performed in a laboratory accredited by the AABB or an HHS-designated body and must be of a type reasonably relied upon by experts. Absence of accreditation renders results inadmissible even if the underlying science is generally accepted.
…from Smith’s mouth. Had the government adhered to the terms of the consent order, Stevens contended that he could have performed DNA testing on the sample, which might have proven conclusively his innocence. A hearing was held on this motion, but it was denied. Stevens also moved to suppress evidence of Smith’s and McCormack’s…
…or injuries the Surrogate incurs in the course of complying with the terms of this Agreement.” The contract also authorized genetic testing to ensure that the Intended Father was in fact the biological father and provided that the Intended Parents would be entitled to recover for breach of contract in the event that anyone else…
…of a person who had never asserted any rights to begin with. After the termination action was filed, Father stepped forward with genetic testing proving that he was Baby Doe's biological father. It has not been challenged on appeal by either party, so we will assume for the purposes of this appeal that Husband was able to file this…
…subsequently implanted in Ramey's uterus. As a result of the procedures, Ramey gave birth to two children on April 19, 2008. DNA testing
…he retained Fox Rothschild to represent him in the paternity action. After initially denying paternity, he agreed to voluntary DNA testing, which revealed that he is the father. Negotiations over child support failed, and the mother instituted the present action. After the mother filed the paternity action, the husband and…
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No. Genetic testing may not be used to establish the parentage of an individual who is a donor under assisted reproduction provisions. The donor designation on clinic forms controls regardless of later conduct.
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Notice must be given to any individual whose parentage may be adjudicated, including presumed, acknowledged, or adjudicated parents and any person whose status could be affected. Failure to provide notice creates a jurisdictional defect.
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State intestacy statutes may require formal paternity establishment during the father's life even when posthumous DNA evidence exists. Such requirements are constitutional if substantially related to preventing fraud and promoting orderly estate administration.
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