Includes a series of procedures aimed at clarifying the existence of a family relationship between a man and a child. There are several main methods for establishing paternity: by resemblance (eye color, facial features), blood type, date of conception, and also by DNA analysis. The latter method is the most reliable and can be presented as evidence in court. Paternity is usually established by a geneticist.
Father's blood type |
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Mother's blood type | ||||
I(0) | ||||
II(A) | ||||
III(B) | ||||
IV (AB) |
Father's blood type |
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Mother's blood type | ||
Rh+ | ||
Rh- |
Despite the level of development of science, in particular, genetics, the cost of genetic tests for kinship remains high. And the court does not always immediately agree to satisfy the request for such an examination. Therefore, understanding how to determine paternity without DNA is still relevant.
The need for this arises when it is necessary to confirm or refute kinship. There are two ways to legally resolve the issue:
The first option is implemented in the registry office and applies to cases where the father and mother at the time of the birth of their child were not married. If the mother is dead, missing, or deprived of parental rights, the father prepares a joint declaration of paternity with the guardians or with the child upon reaching the age of majority.
If there is no consent from a parent, guardian or adult child, a person who wants to legally change the state of relationship has the right to file a lawsuit to do so.
Typically, cases are considered in court when:
According to the Law, the fact of confirmation or refutation of paternity is determined in the process of considering various evidence provided in court. Such arguments are built on the basis of physical, written evidence, the words of witnesses, the conclusions of experts, etc. The participants in the trial, when putting forward their claims or objections, are required to refer to evidence (see Articles 55 and 56 of the Code of Civil Procedure).
In theory, using the results of either method in court is acceptable. However, even scientifically objective calculations have a built-in percentage of error. Non-genetic methods have a high error. However, it is still too early to give them up. They are important in at least two cases:
Example for the first case: a man wants to establish paternity in relation to a child from a woman who gave birth after returning from vacation. A single mother died without telling her son who his father was. The stranger who showed up in support of his claims shows photos shared with his mother, taken nine months before the birth of the child, personal letters (perhaps even with a woman's confession about her son), written later, and so on.
Example for the second case: a similar situation to the holiday romance, except that the woman was married and her husband is considered the father of the child. The mother died without confessing her past deeds. An unknown man claims. The child is well with the husband of his mother, whom he considers his father. At the same time, the widower is on the side of the child. Evidence of a love affair provided by a stranger to the court may serve as the basis for granting a request for a DNA test. Of course, this will not automatically deprive the deceived husband of parental rights, but will dot the i's regarding biological paternity.
There is no universal list of such methods. Their application depends on various factors, in particular, ( A) goals and ( b) possibilities of real use. Let's name some of the methods.
Comparison of blood groups, Rh factor . Tables are used, where the percentage shows the ratio of the Rh factor and blood groups in parents and their offspring. The error is high. The method works great for excluding paternity under certain circumstances. So, parents with blood type I or a negative Rh factor are born children with the same characteristics.
Examining the medical record for genetic diseases . The method is indicative if there is a match in the child and the alleged father of rare hereditary diseases, if they were not observed in the maternal family.
External signs . Comparison of the appearance, body structure (adult children) allows, by identifying generic features, to ascertain kinship. Similarity is possible not only with the alleged father, but also with his ancestors. Children often look like their grandparents.
Examination of correspondence and other communication evidence . This includes the letters and photographs mentioned in the holiday romance example.
Methods for determining paternity without DNA testing are relatively accurate. They are best used in conjunction with other elements of the evidence base. A successful selection of arguments and evidence will win the case.
There are several methods for determining paternity. And not every one of them gives a 100% guarantee of the reliability of the result. Therefore, the question “How to verify paternity with the highest probability?” widespread enough. This can only be done in the laboratory. Moreover, blood analysis and DNA analysis are the most effective methods. The latter is out of competition.
How to check paternity with a blood test?
A laboratory blood test, although not the best way, with a certain degree of probability still provides an answer to the question of paternity. With a negative result, its accuracy is 99%. At the same time, a positive answer in determining paternity can hardly be considered final. Rather, it will only be an assumption that will have to be confirmed by the results of DNA studies. But more about them later. In the meantime, about the principle of determining family ties by a blood test.
A person's blood type and Rh factor are determined by their genes. Genes are inherited from biological parents. Certain combinations of blood groups or Rh factors of the parents can only have certain groups and Rh factors of the child's blood. This is the basis of the principle of determining paternity using blood DNA analysis. If a child has a blood group or Rh that is “incompatible” with a combination of similar indicators in a mother and a potential father, the result, for obvious reasons, will be unambiguously negative. Therefore, sometimes it is enough to do just such a paternity test, the cost of which is lower than the cost of a DNA examination. With a negative result, it will be enough.
How to check paternity using DNA testing?
Benefits of DNA testing for father identification:
Mandatory conditions for performing such a study:
Scraping from the inner surface of the cheek is often used as a material for research. This is a humane way, quite acceptable even for a child. A small amount of blood from a vein or saliva may also be used. The essence of the examination method is based on the fact that out of 23 pairs of chromosomes, half a person receives from the mother, half from the father. Thus, the DNA of the child will always match the DNA of his biological father by 50%.
The linear section of chromosomes that carries genetic information is called a locus. With the help of special equipment, these areas are identified and analyzed, being magnified millions of times. At the first stage, the determination of those chromosomes that are inherited from the mother occurs. Then the rest is compared with the genetic material obtained from the possible father. The coincidence revealed during the comparison with 99.9% probability speaks in favor of the fact that the man whose material was analyzed is the biological father of the child.
As can be seen from the essence of determining paternity using DNA examination, for more accurate results, it is important to provide the genetic material not only of the possible father, but also of the mother.
prenatal examination
This type of study is possible, has no errors in the accuracy of the result, but involves an invasive intervention in the life of the fetus to select genetic material - the villi of the fetal membrane, amniotic fluid or fetal blood from the umbilical cord.
Examination "at home"
Some laboratories, working remotely, offer to send a set of tools and a guide for collecting biological material by mail. This material is sent back to the laboratory, where the study is carried out and an official conclusion is issued. This method has the right to life in the case of an examination conducted in private, at the request of a person. Litigation is quite another matter. More on this later.
Legal component
It has already been mentioned that only DNA research can serve as an evidence base in litigation regarding paternity. But in accordance with the current legislation, even such an examination will not always be recognized. Therefore, if you rashly do a paternity test in the first laboratory that comes across, the cost of which is not at all small, the money will almost certainly be thrown “down the drain”. In order for the results to have full legal force, you need an official order of the judiciary on the need to undergo such an examination.
The manner in which samples are taken for examination is also a significant factor taken into account by the judiciary. Thus, an examination carried out with samples taken at home cannot have legal consequences.
Situation.
The initiator of the examination is the father. The child is a minor. In this case, to obtain the biological material of the child, a notarized consent of the mother will be required. In this, and any other cases (if necessary or if you wish to perform a paternity test), you must first consult with a lawyer. A family law specialist will help you avoid possible misunderstandings due to the nuances of the law.
Thank you
Establishing paternity involves a series of procedures that are aimed at determining the relationship between a child and a man, presumably being his biological father.
Medicine operates with several basic methods for determining paternity. They differ in the technique and degree of complexity, in the materials used in the process, and of course, in the reliability of the results obtained. As a rule, studies related to the establishment of paternity are carried out by geneticists. In doing so, they use the following methods:
It is known that if a woman has a regular menstrual cycle, then the maximum probability of conception occurs in the middle of the menstrual cycle, approximately 14-15 days from the start of the next menstruation. But as practical observations show, the moment of maximum probability of conception in many women is quite difficult to accurately determine.
Establishing paternity by comparing the possible date of conception and the date of sexual intercourse may be incorrect for another reason. The fact is that spermatozoa can retain their activity and ability to fertilize in the female body for 3-5 days after intercourse. And this means that conception could occur a few days after sexual intercourse. In this case, the father of the child may be a man who had sexual intercourse with a woman a few days before the optimal date for conception. A similar situation is possible even if a woman had sex directly on the date of conception with another man.
Thus, establishing paternity based on determining the possible date of conception or measuring the gestational age is an extremely approximate and unreliable method. It can only have a complementary value. In addition, this technique becomes practically useless if a woman has had sexual intercourse with various partners for a short period of time.
This is explained by the fact that, although external signs are set genetically, they can vary widely and have different degrees of manifestation in each case. In addition, the inconsistency of the method of establishing paternity based on the external similarity of a man and a child is confirmed by the fact of the existence of twins. This is the name of people who do not have any family ties, but at the same time are very similar to each other in their appearance.
Both of these systems of dividing blood into groups are genetically determined and, therefore, open up some possibilities for determining paternity. The very principle of establishing paternity by the Rh factor and blood group is based on the fact that the parameters of the child's blood depend on the set of genes that the mother and father will pass on to him.
Determining paternity based on a blood type cannot be considered an accurate method, although it has greater reliability than those described above. This technique is considered rather indicative, and is used as a screening preliminary study before conducting a DNA test. A blood test provides irrefutable evidence only in rare cases. For example, if the child has I blood type, and the father has IV.
The establishment of paternity by the Rh factor is less reliable than on the basis of the AB0 system. Even Rh-positive parents can have a child with Rh-negative blood. However, with Rh-negative parents, the child will also always have a negative Rh factor. Therefore, the only case when it can be unequivocally stated that a man is not the biological father of a child occurs in a situation where both parents have a negative Rh factor, and the child is positive.
Determination of paternity by blood type serves as a preliminary method for assessing the presence of consanguinity between a child and a man. The peculiarity of this method lies in the fact that a negative result will be 99% accurate, and a positive one is practically not significant. In addition, this analysis can be carried out only after the birth of a child, when it becomes possible to examine his blood type.
Each of the chromosomes is contained in each of the somatic cells in two copies. The Greek word "soma" means "body", so the cells that make up the human body are called somatic. The only exception - non-somatic cells - are sex cells: spermatozoa in men and eggs in women. They differ from somatic ones in that in them all chromosomes are not contained in pairs, but only in the singular.
Why did nature provide for such a difference? As you know, at conception, the spermatozoon merges with the egg and the union of their chromosome set, that is, the genetic material that they contain. The child receives one chromosome from each pair from the father (the sperm chromosome), and the second from the mother (the egg chromosome). In this way, the child receives a complete chromosome set, and inherits the gene material of his parents - therefore, he often looks like them. But on the other hand, combinations of male and female chromosomes can be formed in billions of different options - this is what determines the individuality of each person.
The exclusion of the fact of paternity in order to recognize it as legally significant requires obtaining at least three discrepancies between the studied DNA fragments of the child and his alleged father.
It should be remembered that without material taken from the mother of the child, it is more difficult to achieve the level of necessary reliability of the study than in the case of testing all family members. That is why, if a DNA examination is performed to challenge or determine paternity in court, then judges often insist on the simultaneous collection of materials from the child, his alleged father and biological mother. This is necessary so that the conclusion issued by the forensic expert does not raise any doubts.
Determination of paternity using the study of DNA molecules is an opportunity to obtain a completely reliable and scientifically substantiated result. This opinion can become an important argument in solving many legal problems, for example, in divorce proceedings and the recovery of alimony, the determination of heirs and the distribution of inheritance, immigration and many other issues.
Theoretically, it is possible for another person to exist in the world with a genetic set that is absolutely identical to the genetic passport of the person being tested. For example, this situation is observed in identical twins, whose gene material matches each other by 100%. This probability is associated with a small deviation from a completely reliable positive result in a DNA paternity test. But, in the vast majority of cases, the establishment of paternity with a probability of 99.9% will mean its proof. And a negative result with the correct sampling of the material and the correct conduct of the study is always unambiguously true.
In addition, despite the use of the most modern methods of genetic examination, it is impossible in some cases to isolate DNA from such non-standard samples due to its complete absence.
The accuracy of DNA analysis is primarily affected by the number of genetic loci studied. The more sites that define our uniqueness are explored, the higher the likelihood of refutation or confirmation of paternity. Currently, it is customary to analyze from 16 to 40 different loci on each DNA sample. This provides over 99.99% confidence in establishing biological paternity, and 100% success in excluding it. In addition, often the analysis is carried out by two independent research teams, and the data obtained are subsequently verified. This procedure avoids errors associated with accidental contamination of the material, or inaccuracies when working with it.
In the situation when paternity must be determined before the birth of the child, DNA testing is used based on the biological materials of the fetus, which are obtained as follows:
The prenatal non-invasive paternity test uses free-circulating fetal DNA testing. Some of it during pregnancy is in the blood of the expectant mother. Modern technologies used in genetics make it possible to isolate it and compare it with the DNA of the mother and a possible biological father.
A new non-invasive paternity test could replace the methods of fetal DNA profiling listed above, which are unsafe for mother and child health. According to scientists, it has the same high accuracy, but it is more preferable, because during its implementation there is no threat of complications and early termination of pregnancy.
Today, DNA testing can be carried out almost anywhere. There are even portable laboratories. And equipment for genetic identification of a person is produced by dozens of enterprises in many countries of the world. That is why the previously complex and exotic procedure is now becoming a common research method that anyone can use.
Before use, you should consult with a specialist.pregnancy calculators
If you are faced with a difficult choice and want to find out who the father of your unborn child is, the interactive Prompt will help you figure it out.
If you have a short term, then in order to narrow the circle of suspected paternity as much as possible, you will have to remember a few numbers. First, remember when your last period started. And secondly, what is your average cycle (the period between the beginning of the penultimate and the beginning of the last menstruation). Fill out the form and click "Next".
The most favorable for conception is the day of ovulation. On this day, the egg is released. And if unprotected sexual intercourse occurs on the day of ovulation, spermatozoa full of strength rush to meet the "fresh" egg.
The life path of an unfertilized egg ends in a couple of days. Therefore, sex two days after ovulation rarely leads to pregnancy. Spermatozoa also have limited strength, they can “wait” for an egg for five days, no more. For this reason, unprotected intercourse more than five days before ovulation is also considered relatively "safe." This is based on the calendar method of contraception (not very reliable).
The average woman gets her period two weeks after ovulation. In other words, ovulation occurs 14 days before the expected period.
It is possible to determine for sure whether a man is the father of a child using a DNA test. But this can only be done when the baby is born.
How to find out who is the father of a child without a DNA test and even during pregnancy? You can ask the doctor after the next examination or ultrasound.
If you remember the day the last menstruation began and the average length of the cycle, you can try to determine for yourself who the child is from. This method does not give an absolute guarantee, but often helps to understand the origin of pregnancy.
Questions for the article
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