Discovering that a paternity test reveals you are not the biological father of a child you’ve been raising can be a jarring and emotionally challenging experience. This revelation can impact various aspects of your life, from your legal obligations to your personal relationships. Understanding your options and next steps is crucial. This comprehensive guide will explore what to do if a paternity test says you’re not the father, covering legal implications, emotional impacts, and practical considerations in depth.
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Understanding Paternity Test Results
Understanding the results of a paternity test is important for interpreting the genetic information accurately and addressing any questions or concerns you might have. Paternity tests are highly reliable, but interpreting the results requires some knowledge of genetic principles and the testing process.
What Does a Negative Paternity Test Look Like?
A paternity test is designed to confirm or exclude biological fatherhood by comparing DNA markers between the alleged father and the child. A negative paternity test result indicates that the tested individual does not match the genetic markers of the child. This is usually presented in the test report through a low Combined Paternity Index (CPI) and a probability of paternity approaching 0%. The Genetic System Table will display various loci (specific locations on the DNA) where the child’s and alleged father’s genetic markers are compared. Significant mismatches in these markers confirm that the alleged father is not the biological father.
Can a Negative Paternity Test Be Wrong?
While negative paternity test results are highly accurate, there is still a very small chance of error. Possible errors can arise from sample contamination, lab errors, or issues during sample collection. Accredited laboratories like DNA Diagnostics Center (DDC) follow rigorous procedures to ensure accuracy and minimize errors. If you believe the results are incorrect, you can request a retest or additional analysis to confirm the findings. It’s also essential to ensure that the testing process was correctly followed to rule out any procedural mistakes.
What Percentage of Paternity Tests Are Negative?
Negative paternity tests are relatively uncommon but do happen. The majority of paternity tests confirm the biological relationship between the alleged father and the child. However, the percentage of negative results can vary depending on the specific circumstances and the accuracy of the testing process. It’s important to remember that the primary goal of paternity testing is to provide accurate results based on genetic evidence.
If You Never Married Your Partner
1. You Never Claimed the Child Legally
If you and your partner were not married and you did not sign a Voluntary Acknowledgement of Paternity document or the birth certificate, but you wish to maintain your relationship with the child, pursuing legal guardianship is an option. This process involves filing a petition with the court to become the child’s legal guardian.
Legal Guardianship Requirements
To qualify for legal guardianship, you must meet several criteria:
- Legal Adult: You must be at least 18 years old.
- Capacity to Care: You need to demonstrate that you have the time, resources, and ability to care for the child.
- Financial Stability: You should be able to provide for the child’s needs.
- Physical and Emotional Capability: You must be physically and emotionally capable of fulfilling the responsibilities of a guardian.
- Positive Influence: You need to show that you would be a positive role model and influence in the child’s life.
The court will evaluate these factors and make a decision based on the best interests of the child. If the biological parent(s) consent to your guardianship, the process is generally smoother. If the biological parents do not consent, guardianship might still be pursued if the parents are deemed unfit to care for the child.
2. You Claimed the Child Legally
If you signed the birth certificate or a Voluntary Acknowledgement of Paternity, the situation becomes more complex. In many jurisdictions, even if a paternity test shows you are not the biological father, you may still be required to provide child support if you have previously acknowledged paternity. Reimbursement for past child support payments is usually not available. Some states offer a legal process to disestablish paternity, which can relieve you from future support obligations but often does not include reimbursement for past payments.
Disestablishing Paternity
Disestablishing paternity is a legal process that can be complex and varies by state. It typically involves:
- Filing a Petition: You will need to file a petition in family court to challenge paternity.
- Providing Evidence: You must provide evidence, including the results of the paternity test, to support your claim.
- Court Hearing: A court hearing will be held to review the evidence and make a determination.
- Legal Advice: Consulting with a family-law attorney is crucial to navigate this process effectively.
If You Are/Were Married to Your Partner
In cases where the child was born during your marriage, you are typically presumed to be the legal father. This presumption holds even if a paternity test reveals you are not the biological father. The emotional impact of this discovery can be profound, as it challenges the foundation of your relationship with the child.
Emotional Considerations
The emotional fallout from discovering you are not the biological father can be significant. Many men experience feelings of betrayal, anger, and confusion. It’s important to acknowledge and address these emotions, whether through counseling, support groups, or personal reflection. The decision to continue supporting and maintaining a relationship with the child, despite the paternity results, can be a deeply personal one.
Maintaining Relationships
For many fathers, the emotional bond with the child they have raised remains strong regardless of biological ties. In cases like Chris’s, where the child is the result of an affair but has known only one father figure, maintaining that relationship can be beneficial for the child’s emotional well-being. Many men choose to continue supporting and loving the child, recognizing that their role as a father extends beyond biological connections.
Confirm Paternity Before Signing Legal Documents
To avoid the complications of a negative paternity test result, it’s advisable to confirm paternity before signing legal documents such as birth certificates or Voluntary Acknowledgements of Paternity. This proactive approach helps prevent legal and emotional challenges down the line.
Prenatal Testing
Non-invasive prenatal paternity testing is an option for confirming paternity before the child is born. This test uses a blood sample from the mother and the alleged father to determine paternity with high accuracy. Early testing can provide clarity and prevent potential legal disputes or emotional distress.
Child Support After a Negative Paternity Test
Understanding your obligations regarding child support after a negative paternity test is crucial. In many jurisdictions, if you have legally acknowledged paternity, you may still be required to pay child support, even if a paternity test reveals you are not the biological father. However, some states have provisions for modifying or terminating child support obligations based on new evidence of paternity.
Modifying Child Support Obligations
To modify child support obligations, you typically need to:
- File a Motion: Submit a motion to the court requesting a modification of support obligations.
- Provide Evidence: Present the paternity test results and any other relevant evidence.
- Court Review: Attend a court hearing where a judge will review the evidence and make a decision.
- It’s important to consult with a family-law attorney to understand the specific procedures and requirements in your state.
Custody and Visitation Rights
Your rights to custody or visitation are generally not affected by a negative paternity test if you have been an active parent. Courts prioritize the child’s best interest, and maintaining a stable relationship with the child is often considered crucial. If you wish to pursue changes to custody or visitation arrangements, legal advice and court intervention may be necessary.
Addressing the Emotional Impact
Dealing with the emotional impact of a negative paternity test requires a thoughtful approach. Some strategies include:
- Counseling: Seeking therapy or counseling can help process emotions and provide support during this challenging time.
- Support Groups: Joining support groups for fathers or individuals in similar situations can offer valuable emotional support and guidance.
- Open Communication: If appropriate, communicate openly with the child’s mother or other involved parties to address any concerns or questions.
Maintaining a Healthy Relationship
For those who choose to remain involved in the child’s life, maintaining a healthy and supportive relationship is important. Focus on being a positive influence and providing emotional stability for the child, regardless of biological ties.
Receiving a negative paternity test result is a complex and multifaceted experience that can have significant legal, emotional, and practical implications. Understanding your options and taking appropriate steps can help you navigate this challenging situation. Whether you seek to maintain your role in the child’s life, address legal responsibilities, or challenge the results, consulting with legal and emotional support professionals can provide valuable guidance tailored to your specific circumstances.
Frequently Asked Questions
1. What should I do if a paternity test shows I’m not the biological father?
If a paternity test reveals that you are not the biological father, the next steps depend on your legal and emotional situation. You may need to consult a family-law attorney to understand your legal obligations and rights. If you have been actively involved in the child’s life, you might want to explore options for legal guardianship or custody to maintain your relationship with the child.
2. Can a paternity test be wrong?
While paternity tests are highly accurate, errors can occur due to factors such as sample contamination or incorrect handling. However, such errors are rare. If you have concerns about the accuracy of the results, it may be advisable to undergo a second test or consult with a genetic counselor for further clarification.
3. What happens to child support obligations after a negative paternity test?
If a paternity test shows you are not the biological father, you may still be responsible for child support if you have previously acknowledged legal paternity. Some states allow for the disestablishment of paternity, which could end your obligation to pay child support, but reimbursement for past payments is generally not available. Consulting a family-law attorney can help you navigate this process.
4. What does a negative paternity test result look like?
A negative paternity test result indicates that the alleged father is not the biological parent of the child. The report typically shows a Combined Paternity Index (CPI) of zero or a very low value, and the conclusion section will state that the alleged father is “excluded” as the biological father.
5. What percentage of paternity tests are negative?
The percentage of paternity tests that return a negative result can vary. In general, a low percentage of tests are negative, especially when there is a high level of suspicion about the biological relationship. For specific statistics, you might refer to data from testing laboratories or research studies related to paternity testing.
Hi I had my daughter out of wedlock. My gf and I broke up when my daughter was 2 and she is now 9. In never had a paternity test and we have never been to court. I have my daughter prob 60% of the time to her 40%. If I got a paternity test and she isn’t mine can I still keep my parental rights at this point? I have been her dad for 9 years. It’s all she knows.
Hi, David. Every state has different paternity rules. That being said, if you are on the birth certificate, then you have legally accepted responsibility for the child, and the court may require you to continue providing support no matter what a DNA test says. It’s a good idea to contact a family-law attorney in your area who specializes in paternity law.
I was wondering if tests from amazon are trust worthy paternity tests? I did both on alleged father and both came back that he is not the father my child’s nose is the same shape as his and nothing like mine or the other man
Hi, Ashley. We cannot vouch for other companies’ tests. However, it’s important to keep in mind that physical characteristics are never an absolute determinant of paternity. The child may have inherited a nose from their biological grandparents. Only DNA can tell for sure who a parent is.
When I got my results from the stk paternity test it had the ddc logo on the results. So are they associated with this company ddc or not?
We do the lab work for STK, yes. Any other questions about STK or your results should be addressed to them directly, however.
Who should tell a man who’s thought he was the biological father for 35 years that the paternity test says he’s not?
Hi, Andrea. That is an entirely personal decision with no one-size-fits-all answer.
Hello, February 26th i gave birth to my son who is now 2 years old. My original due date was March 3rd. Where it gets confusing is the conceive dates. I had sex with this boy ONCE i want to say around the very beginning of June (like the 3rd-4th of june) & then after that proceed to have sex with my long time boyfriend for the whole month of june. Me and my long time boyfriend found out i was pregnant in July. And without even thinking about the boy i had sex with that one time , i assumed my baby was my boyfriends. Fast forward to now me and my boyfriend has raised this child & now my boyfriends family is having second thoughts about my son & did a at home dna test from cvs and it says “100% not the father “ now we want to go to legal matters but I’m so scared this will break up my family my boyfriend loves my son a is determined that he is his son , but i looked at a baby picture of the boy i had sex with once and my son looks just like him !! I’m literally freaking out & scared that i have had my boyfriend raise a child that is not his for 2 years . I had no intentions of this happening at all if i would’ve known before my baby was born things would have been different. What should i do ?
Hello, Aisa. It’s best to know the truth as early as possible in the child’s life. Because you were not involved in the at-home test they did, you have no way of knowing for sure if they submitted your son’s and your boyfriend’s DNA for testing. It is possible that they submitted someone else’s and said it was your boyfriend’s. For your own protection, I suggest you do a legal test with court-admissible results. For this type of test, DNA collection is witnessed and IDs are checked, so you can be absolutely sure your boyfriend’s DNA is being compared with your son’s DNA. Contact our experts for more info at 800-929-0847 (M-F from 8 AM to 8 PM Eastern).
Hi, My daughter is 4 1/2 years old and I’m on her birth certificate. But now her mother says she’s not mine I’ve refused to take a DNA test. And I’ve been a huge figure in her life since birth. If mom test the other guy and he is the dad, can they keep my daughter from me?
Hi, Ronny. What a stressful situation you’re in! You are under no obligation to agree to a DNA test unless a court compels you to. If you receive a court order, be sure to comply. If you don’t, you risk having the court rule against you even if a DNA test would have proven your daughter is biologically yours. Let’s say you do a court-ordered test and it comes back you’re not the father. The court always acts in the best interest of the child; so even if the DNA test proves you’re not the father, they’ll take into account your excellent track record as a father and rule accordingly. It’s probably a good idea to start looking for a good family-law attorney.
Recently my wife of 28 years passed. I had suspected that I was not the biological father of our 10 year old son, as he is a spitting image of her co-workers son. Since her passing, I took a paternity test and the results show 0% chance of me being the father. The co-workers son has been and is active in my sons life and I believe it’s a matter of time before he notices. I would appreciate any advice. Thank you.
Hi, Jim. If the coworker’s son is over 18, then he can do a half-sibling test with your son if everyone agrees. If the coworker’s son is a minor, then permission from his legal parent would be required.
Hi my boyfriend just took a dna test for his 5 year old son from a past relationship and come to found out That he is not the father. So my question is what is the next step he should be taking right now legally. He have two son with her the other one turn out to be his. He still want to be in his life even after the results but what are the legal step to take.
Hi, Cassie. Paternity law varies by states, so he should contact a family-law attorney to see what next steps should be.
Hi. I live in Arkansas. I was recently hit with a paternity test for a three year old girl. Turns out I am the father. But the mother was married to another man at the time of birth and he is on the birth certificate. He wants rights to the child and is fighting the mother for them. I want nothing to do with it. However the mother has involved me to try to force me into establishing paternity to have his rights taken away. She then wants me to sign off my rights to her (since I do not want to be any part of it anyways and can’t afford the child support with two children of my own). Please someone give me some advice…
Hi, Jliver. You definitely need to contact a family-law attorney in your area for guidance.
I recently found out from my adult son that he has had a dna test done with another man which revealed that he is his biological father. I am still paying off back child support and interest payments. what can I do?
Oh, that’s a shame. There may not be anything you can do at this point, but it’s worth asking a family-law attorney.
My boyfriend find out that the son he thought was his isn’t his son. He wants to get his name off the birth certificate. How do he go about doin that???
Hi, Elizabeth. Your boyfriend should consult with a family-law attorney since paternity laws vary from state to state. Keep in mind that since he’s already accepted legal responsibility for the child, the court may not allow him to remove his name from the birth certificate.
My son found out his 11 year old daughter wasn’t his. He was married at the time but now divorced. He never signed the birth certificate, he was overseas in the military when she was born. How can he stop paying child support in Louisiana?
Hi, Vickie. He needs to contact a family-law attorney in Louisiana to see what his options are. But keep in mind that if he was married to the child’s mother at the time the child was born, your son would be considered the legal father of the child.
In a Legal paternity test (married couple) if you are NOT the father are the test results for my eyes only ? Or are the results send to the facility that did the cheek swabs or state? Do I have the choice if I don’t want to do anything about my test results?
Hi, Dan. I’ll answer each of your questions one by one:
(1)When privately ordered directly through the lab, everyone possible father, mother, child) is entitled to get copies of results. This is true even if the mother didn’t contribute her DNA or agree to the test, because she’s the legal mother of the child and part of a married couple.The lab where testing was performed provides results directly to the client.
(2) If a legal paternity test is ordered by the state, results are sent to the state.
(3) Your third question is a legal one best answered by a family-law attorney or caseworker where you live.
Thanks you getting back so quickly when you said the lab where testing was performed provides results to the client is that the ddc or the place that you go have your cheek swabs? If it is the dcc then the result of the test are not sent to the place that did the cheek swabs just to the possible father mother and child is this correct?
And your second question . If a legal paternity test is ordered by the state, results are sent to the state. Does this mean the state is the one who is making you do a paternity test if one is refusing to take a test ? If not when does this happen? Thank you for clearing this for me.
> Dan, results are sent directly to the client for a private DNA test and not to the DNA-collection site, that is correct. If the test is ordered by the state, results are sent to them and it is their job to make participants aware of results.
> There are many reasons why the state might order a paternity test: most often because there’s a need to confirm paternity for custody or child-support rulings.
> No one, not even the courts, can “force” someone to take a paternity test. But it’s important to know that if a test is ordered and a participant still refuses, chances are good the court will rule in a way that they deem is in the best interests of the child.
el presunto padre no está excluido como el padre biológico del niño examinado. Según los resultados de las pruebas obtenidas de los loci de ADN listados, la probabilidad de paternidad es de 99.99999999999% esta probabilidad de paternidad se calcula comparando con un individuo aleatorio no relacionado, no probado y no relacionado de la población hispana (se supone que la probabilidad previa es igual a 0.50)….
Eso quiere decir que si es su padre verdad?
Sí, él es el padre.
If the alleged father went on the 22nd February and you and the child missed the date and you both went on the 7th of March.it took them until the 6th of April to send the results.plus the state worker made you swab both you and your child’s mouth can that effect the test.
No, it shouldn’t.
I have a soon to be 13 year old daughter, who I have paid child support for 9 years. Up until my x wife signed the paper for the child support to stop. I have now found out I may not be her dad, should I get a paternity test done. And if I found out I am not the father what should I do then. Will my x wife be in trouble for lying to me about the child being mine this whole time.
Hi, Joe. If you are considered the legal father, you may order a paternity test, yes. The child is considered legally yours if she was born during your marriage. As to the second issue you ask about, that is a question best answered by a family-law attorney in your area.
So me and ex girlfriend were off and on for some months. She ended up pregnant last July 2020 and Just gave birth March 2021. I found out through via text she was sleeping around with her bestfriend. So I became suspicious of the child was mine or not. I ordered a DNA test and secretly did it when she left the baby with me one and the results came back I’m not the Father. How do I go bout bringing that to her attention that I’m not the father even tho I did the DNA test without her acknowledgment of it. She has been harassing me about doing stuff for the kid but since I know what I know I haven’t done anything.
Hi, Alex. Unless you want to, you are under no obligation to do anything for the child right now unless you signed the birth certificate or an acknowledgment of paternity. If you did either of those things, you have two years to appeal paternity to the court and should talk to a family-law attorney. If you didn’t sign any documents yet, you can suggest to your girlfriend that you won’t take responsibility for the child until she agrees to a paternity test. You’re not being rude in making that request…you are protecting yourself.
We have had 2 different DNA tests done, so why do they have different percentages on the side? Both had the same conclusion but the percentages were drastically different. Please explain.
Hi, Christi.
Before I can answer, I need some clarification, please.
(1) Were the tests for the same people?
(2) Were the two tests performed at the same lab?
(3) What do you mean by “percentages?” Do you mean the paternity-index values (PI) for each marker tested, or do you mean the overall percentage for probability of paterity?
Married in california 10 years 3 kids mom tells me 2 years later I’m not the father of the 3child my name on birth certificate and taxes what can I do to get those rights for 3rd child mother does not let me see him for 8 months until we go to court
Hi, Ivan. That is a question best answered by a family-law lawyer in California.
Ive raised my 4yr old son 3 years after his mom left without saying anything. I’m not on BC and paternity hasn’t been established. I’m all he knows. If he isn’t biologically mine is there anyway I can lose him? She hasn’t spoke to him this whole time. I’m scared if hes biologically not mine I’ll lose him. Ty
Hi, Glenn. First of all, kudos to you for stepping up and caring for your son. To protect your rights and safeguard your little one’s relationship with you, I suggest you contact a family-law attorney to see what you can do to make it “official.” Good luck!
Just found out my 6yo son is not mine and i been in life since he been born he calls me dad I’m heartbroken his mother tried putting me on child support that’s the only reason i got the DNA and i did not sing the birth certificate so am i out the clear but i also still want to be in his life
JayMo, you should get guidance from a family-law attorney or social worker where you live right away.
Found out I’m not the biological father to a 2yr old girl. I’m not with mother. I serve her for court hearing what is the outcome to this situation?
Hello. When I was 20 years old I found out I was 5 weeks and 3 days pregnant with my now 5 year old daughter. Prior to getting pregnant I was sleeping with my ex boyfriend at the time as well as my new sexual partner. I remember having sex with my ex twice and from then on I continued to have sex with my new sexual partner. About 3 weeks after having sex with my new sexual partner I found out I was pregnant. I told my new sexual partner it was his and he has raised her and been a great father ever since. I do remember getting a period in between the two different men but as the years have gone on things have gotten foggy and I am overthinking everything. My daughter doesn’t really look like her dad (my new sexual partner) and I am so afraid she is not his. We are not together and he has been charged with domestic violence against me and has done probation and parenting classes and we have split legal custody of my daughter. I am so scared one day that she will turn out to not being his and he will kill me. When he gets mad he is abusive and scary and I don’t know what to do. I love my daughter and I want to protect her I didn’t mean for this confusion and I didn’t intend to tell the wrong man he was her dad. This was not intentional and I feel full of guilt and fear about the future. I want to runaway with my daughter but I am not even sure if I am worrying for nothing? The conception dates line up with when I was sleeping with him ( my new sexual partner and her dad) and I faintly remember getting a period in between the 2 men. My first ultrasound she was .53 cm which corresponds to a conception date of October 4th which was when I was sleeping with her dad. But as time has gone on I have been a worried mess for a long time and I fear that I fucked up somewhere. I don’t want to hurt anyone especially my daughter. I am scared. I know he would hurt me if she turned out to not be his. I don’t know what to do. He loves my daughter and is a great dad despite what he did to me which is why he is on probation. But I am scared so I do nothing. I don’t want to live my life like this and I don’t want my daughter to not trust me one day if it turns out he is not her dad. I feel stuck in my life with no solution to this problem and I don’t know what to do. I have never spoken to anyone about this. It fills my head all the time, every day. I feel like a horrible person and like a bad mom. I love my daughter more than anything and don’t want to hurt her. And I also don’t want to hurt him because I fear he will kill him self if these thoughts and fears turn out to be true. Please help and don’t judge.
Hi, Kayla. Your story is a tough one. You don’t need to make any decisions immediately. Meanwhile, might I suggest that you speak with a counselor or social worker? They will be the best to advise you on any possible legal matters.
His name is on the birth certificate but took a paternity test and it was negative of being the father. He wants to remove his name from the birth certificate but it’s been more jab 2 years what is the process? This is for the state of California.
Hi, Rebekah. If you’ll contact California’s Department of Vital Records, they’ll be able to provide that info.
Want to establish paternity legally for the reason being i signed the birth certificate at birth to later find out the child is not biologically mine. Mom and I never married, child is 16 now. Child support began immediately after birth. Finding out from paternal father he has been sending cash the whole time to mother, but put me on child support. I dont even speak to the child now. Mom and i have been broken up for more than 10+ yrs. How do i go about getting Child Support back, income tax being withheld etc etc etc.
Hi, Courtney. That is a legal question best answered by a family-law attorney where you live. Good luck!