Last page edit 12/17/07

Paternity Swab Test

There is a medical procedure called a “swab test”. The painless swab test uses collected DNA cells of the mother, child and father to determine the paternity of a child.  Here is more on DNA testing to decide paternity from Wikidepia (a non-commercial website where other users post what they know).

How is the swab test performed?
Is the swab test as accurate as a blood test?
Is there an age limit for the swab tests to be done on a child?
How long will it take to get the results?
Is there a cost for the paternity test?
If I have the test, done at the Office of Child Support Enforcement, who has to pay?
Will the child be involved? How should I handle it?

How is the swab test performed?
The swab or “buccal test” is a painless, non-invasive procedure. A cotton swab, similar to a “Q-tip”, is rubbed against the inside check of the mother, child and alleged father.

Is the swab test as accurate as a blood test?
Yes, the swab test is as accurate as a blood test. This is because the DNA sample is the same, whether it is collected in a blood sample or tissue from your mouth.

Is there an age limit for the swab tests to be done on a child?
No. Children of any age may be tested, although a child must first have a social security number or birth certificate.

How long will it take to get the results?
Results are usually available in three to six weeks.

Is there a cost for the paternity test?
Yes. Paternity test cost money. If test is performed at the Office of Child Support Enforcement, it is $135.

If I have the test done at the Office of Child Support Enforcement, who has to pay?
If you are found to be the father, you must pay the cost of the test. If you are not the father, the mother must pay for the test.

Will the child be involved? How should I handle it?
It will be necessary to take samples from you (the alleged father), the child and the mother. If you have a relationship with the child, this process and the outcome are likely to be upsetting to the child. It would be wise to think through the best way to handle the taking of the sample and to plan for how a negative test result should best be handled to minimize harm to the child.

The law says that the best interest of the child cannot be considered in any a paternity proceeding. (Langston v. Locklear 359 MD 369 (2000)). However, that is just what is legally required. In addition to the legal considerations, there are other considerations.

Problems with DNA testing
DNA testing is relied on by courts to establish paternity. The science of DNA testing is accurate; however, the people who collect and test the DNA samples can make mistakes. In a case from 1997, a Virginia man was ordered to pay child support after DNA testing showed that he was the father of a teenage boy. He strongly denied being the child’s father, but eventually paid over 25,000 dollars in child support. A Fairfax County Circuit Court Judge ruled in the man’s favor, finding that the DNA testing laboratory had made serious mistakes.

Source:   Maryland Legal Assistance Network staff.

Last date legal review
10/12/06 (MLAN/DK)

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