About DNA Testing & Fathers' Rights

DNA Explained

• DNA stands for deoxyribonucleic acid, and it is the building block of all human matter. Your DNA is what makes you who you are, and nearly every single cell has identical DNA. Four chemicals make up DNA, and their combinations, or genetic code, are what make each person's DNA different. These chemicals are adenine, guanine, cytosine and thymine. A DNA test examines these chemical combinations, and by matching them to the genetic material of another, such as a baby, one can determine if there is a familial relationship. Simply put, DNA tests can decipher who the father is.

DNA Testing

• DNA testing is a way to determine the father of a child. The cost of such testing can range from $400 to $2,000, and for results to be admissible in court, the testing site must be accredited. A postnatal DNA test can processed with blood, a cheek swab, an umbilical cord sample and other human matter such as semen and hair. A prenatal test can be processed in the second trimester by removing an amniotic fluid sample, or in the 10th to 13th week by taking a sample of uterine tissue known as chorionic villi. Results can arrive in five days or less.

Determining Custody

• Usually, unmarried couples who parent a child must fill out a form, the Acknowledgment of Paternity (AOP), which formally establishes the identity of the father. A biological father can lose his parental rights if the mother of the child is married or has divorced within 300 days. In the eyes of the law, the woman's husband (or recent ex-husband) is considered the legal father until the AOP is signed, and the husband or ex-husband signs a form denying paternity. Child support, custody, visitation rights, Social Security, veterans' benefits and health care all hang in the balance of paternity rights.

How Fathers Lose Their Rights

• There are a few common pitfalls fathers run into that cause them to lose their paternity rights. They include failing to respond to legal action, getting inaccurate legal advice, signing a bad settlement agreement, not honoring an agreement and giving up out of frustration. By not responding to legal action, a default ruling can grant the mother the rights that she wants, and sometimes the effects can be irreversible. Don't take a friend or family member's advice just because he's been through it; seek the help of a good legal professional. Never sign an agreement if it's not what you really want. Family law court is very unforgiving.

Advocacy/Opposition

• Fathers' rights advocates have been picking up steam in recent years. While parental issues are commonly assumed to be about mothers getting what they need from "deadbeat dads," these advocates tell a story of frustration, maintaining that family courts consistently side with the mother, and that mothers often are vindictive in court, using custody as a revenge tool. Fathers' rights advocacy groups have drawn criticism from groups such as the National Organization of Women (NOW), which maintain that "forced" joint-custody decisions, used to appease fathers vying for custody, ignore the child's best interest. NOW maintains that it's dangerous for parents who can't work in a cooperative way, and can even prove lethal for women trying to escape their abusive husbands.