DADI Blog

What Makes a DNA Test Admissible in Court?

Posted by admin on April 27th, 2006

DNA tests have been used in a great number of court cases. In paternity suits, these tests have become the number one solution to a very simple question. When there is an alleged father in doubt of whether or not he is a biological parent, a paternity test will clear up any confusion. The tests are subject to approval in court. Make sure to follow the guidelines to avoid a disappointing verdict in your case. The guidelines must be followed exactly to make sure the tests are admissible in court.

First of all, the DNA test has to be legitimate. The American Association of Blood Banks must stand behind the test. Online versions of these tests can be ordered and may be used if the court allows. Some judges do not allow them. Many people feel that these tests are the easiest. They can be taken in your own home. You have a sense of privacy. They also can be cheaper. All test materials are handled by you and they need to be handled in a professional manner. Any test envelope submitted to court can not be tampered with. If it is open or shows signs that the results have been altered in any way, the court will not respect it and the test will be thrown out. When using an at home DNA test, there is a rule that must always be followed. A witness must be present at all times during the test. They must be a neutral third party. This witness must have no interest or initial ties to the reason for testing. This person must be of legal age or have a guardian present if they are a minor. Documents that are acceptable to prove legal age of the witness are a recent photo, military id, state issued id or a driver’s license. Photos have to be taken during this process. These photos must then be signed and dated by the witness.

Before appearing in court with your results, make sure you know your state’s required percentage. This number has to be exact for a court to consider your test admissible. All states have different requirements and this information can be accessed on the internet or by contacting the Department of Human Services in the state you reside in. For example, Texas has one of the highest rates. It is at an astounding 99%. That means the DNA test must have that percentage or it is not admissible in court. This test is a very important step for the welfare of your child. They must be administered with the utmost respect and seriousness. This may be your only way to prove paternity.

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