A DNA test to determine who is the father of a child is called a paternity DNA test.  This is a medical test that is done by a medical professional that will determine to a legal certainty if a specific man is the biological father of a specific child.

If the results of the genetic test show at least a 98 percent probability that the man is the father, then the man is the presumed father under Missouri law.

Federal and state laws require both parents to support their children and it is for this reason that the majority of paternity DNA tests are performed.

The following people can bring a civil lawsuit which may result in the courts ordering a court-ordered paternity test:

• The mother of the child
• A woman pregnant with a child
• A man that claims to be the biological father of a child or an unborn child
• Missouri Department of Children and Family Services (DCFS)

Refusing to submit to a court-ordered paternity test may result in the man being held in contempt of court which may result in criminal charges or a fine.  There is also the real possibility that the court will enter a judgment against the man and order him to pay child support void of a DNA test that might have disproved his paternity.

A man is considered to be the legal father of a child if the child was born during the marriage.  If the man and woman divorced during the pregnancy, he is still considered the legal father if the baby was born within 300 days of the date of divorce.  This is also the case if the child is born within 300 days of death.  It would take a civil suit and paternity DNA testing to change paternity of a child where the paternity was established in this manner.

RS Law understands the legal significance of establishing legal paternity.  Contact us today for a consultation to discuss your options in either proving or disproving paternity of a child.