Tip of the Month:
When the Father Can’t/Won’t be Tested

In many paternity cases, a possible father will not agree to be tested, and in some instances, may not even be alive. In either case, there are ways to get around the issue.

In the case of the deceased, a body can, of course, be exhumed, though there are always ethical and legal issues, here.

Another option, which would apply to both the deceased and uncooperative alleged father, and is also subject to legal and ethical decisions, is to test known relatives of the father. The best relatives, if available, would be the father’s parents, but the father’s siblings, or other known children of the father can also be helpful.

Always keep in mind that there is a good chance that even with the available relatives, paternity will not be determined to a 99.99% probability. This is because when a specimen from the father is collected, the lab is dealing with actual DNA from the father, but in collecting specimens from the father, the lab is basically trying to figure out what the father’s DNA looks like based on his relatives. So the match between father and child is one step removed. But there is a possibility that you can obtain a high probability through relative testing. For example, if there is a rare gene that is common through the relatives, and the child in question shares that gene, the chances that he/she obtained the gene from the alleged father would likely be high.

In each case, the lab should be consulted to determine the most appropriate testing option, if there are any available. But, know that with a little creativity, much confusion can be reduced.