According to the National Human Genome Institute, DNA was first observed in the late 1800’s by a German biochemist, Frederich Miescher. Since that time much has been learned about deoxyribonucleic acid, commonly referred to as DNA. It is now known that DNA contains the biological instructions that make each species unique. But nearly a century passed from that discovery until researchers unraveled the structure of the DNA molecule and realized its central importance to biology. There have been significant advancements in DNA technology and testing in the past 10–15 years. With all of the advancements in DNA testing it is increasingly common to see DNA evidence link a criminal to a crime scene, prove a deceased person’s identity or determine a biological family relationship. As a direct result of advancements in DNA testing, consumers now find themselves with much more accessibility to this once foreign service.
According to the Mississippi Department of Human Services Annual Fiscal Report, over $314 million in child support was collected in 2011. After hearing this overwhelming figure, it should come as no surprise that one of the most common reasons for DNA testing is to determine a biological relationship between an alleged father and child. A DNA test conducted to determine this relationship is referred to as a Paternity Test. According to the Department of Population and Family Health Sciences nearly 300,000 paternity tests were conducted in 2006. Of these 300,000 tests, nearly 84,000 (28%) of the alleged fathers were excluded as the biological father of the tested child. The percentage of exclusion varied little across racial and/or ethnic categories. The highest exclusion was noted among African Americans with nearly 33%, while Native Americans had the lowest exclusion rate at 18%. The study suggests that the younger the mother, the greater the chance of exclusion.
Governor Haley Barbour signed House Bill 344 in July of 2011, which includes a comprehensive paternity disestablishment bill that lays out a uniform process for when the legal father may or may not disestablish paternity upon negative genetic testing. This bill extends the amount of time from 60 days to one year that a legal father may rescind a birth certificate acknowledgement. Once awarded child support in the state of Mississippi it shall continue until the child becomes emancipated. Emancipation occurs when the child becomes twenty one, marries, joins the military and serves on a full-time basis or is convicted of a felony and is sentenced to incarceration of two or more years for committing such a felony. Mississippi Code Sections 43-19-101 and 43-19-103 establish guidelines for child support obligations. These guidelines provide the percentage of the noncustodial parent’s adjusted gross income that should be awarded for child support based on the number of children. In Mississippi, the percentage of the noncustodial parent’s adjusted gross income that should be awarded for child support ranges from 14% for one child and up to 26% for five or more children.
A “Court Admissible Paternity Test,” sometimes referred to as a “Legal Paternity Test,” may be used for child support, inheritance, social welfare benefits, immigration, and/or adoption purposes. This type of test must be conducted at a laboratory that is accredited by the American Association of Blood Banks (AABB) for relationship DNA testing and meet strict chain of custody requirements. All tested parties in a court admissible Paternity Test must be properly identified and specimens must be collected by a third-party professional who is not related to any of the tested parties and has no interest in the outcome of the test.
A “Peace of Mind DNA Test” does not have stringent requirements like the court admissible test; however, the peace of mind test result may not be used in court. This test may be conducted to give the donor(s) assurance about the evaluated relationship. An artifact, such as a toothbrush or other item, might be used in lieu of swabbing the donor in a peace of mind test. A peace of mind test does not require the legal guardian to give consent for the child and may be conducted anonymously.
DNA testing can be a very useful and economical tool for evaluating the relationship between family members, especially between a father and a child. With court admissible testing options as low as $299, DNA Paternity Tests have all but eliminated any barriers to false accusations over who a child’s biological father is. While $299 may be a financial barrier to some, this small testing fee pales in comparison to the amount that would be paid in child support or more detrimentally the emotional pain of later discovering that a supposed child or alleged parent is not biologically yours.