Determining Paternity through DNA Testing in Texas

Information provided by Houston Paternity Attorneys

Photo of Adult and Child Holding HandsDuring a Houston paternity suit, if a party contests the alleged paternity of the child, the court may order genetic testing in order to establish the biological parentage of the child.

Genetic testing is completed through analyzing the DNA of the child and comparing it to the DNA of the alleged parents to establish any similarities. DNA is obtained through submitting body fluid, blood or tissue samples.

The tests used must be able to exclude at least 99 percent of the population from being the parent of the child. The court may cease further testing if the parentage of the child can be sufficiently established through other means.

If the court orders DNA testing, the parties involved are required to submit samples or face contempt of court. If the petitioner of the paternity suit refuses to submit a sample, the court may decide to dismiss the case.

The refusal of a party to submit DNA samples may also lead the court to rule against the party. The fact of a party’s refusal may also be used in later court hearings. The court may waive DNA testing all together if the allegation of paternity is admitted. Before agreeing to waive the testing, you should speak with a Houston paternity dispute lawyer to find out what is in your best interest.

A court order is not necessary to use DNA testing as an accurate way of resolving the parentage of a child. If both parties agree to submit samples, a court order is not needed. In order for the test to be used in court, it must be performed in an accredited lab.

In Texas, the court can order genetic testing to be performed after the alleged parent is deceased, by testing the remains.

When DNA testing it requested, it is commonly the person who requests the test who is responsible for financially funding the testing. The parties may agree to share costs, or in some cases, the court may decide to order a party to pay for the testing.

If you have any questions about paternity, parentage or genetic testing, our Houston paternity dispute attorney at John K. Grubb & Associates will be happy to assist you. Please contact our law firm to arrange for a consultation with an experienced paternity lawyer. If you have a few questions that you would like answered now, feel free to see if they have been answered in our Frequently Asked Questions about Texas paternity section.

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