Paternity Test FAQs

1. What is a paternity test used for?

2. How accurate is DNA paternity testing?
3. How much does a paternity test cost?
4. How do I get the testing process started?
5. Where do I go to get my specimen collected?
6. Can I take a paternity test before the child is born?
7. Can you do the DNA test if we are living in different cities/states/countries?
8. How soon can I get my results?
9. Are buccal swab samples as accurate as blood samples?
10. Whats Chain of Custody?
11. How do I interpret the DNA results?
12. Whats AABB accreditation?

What is a paternity test used for?Paternity and other family relationship DNA testing results
can be used as legal evidence for child support, parental rights, inheritance claims, social
benefits, immigration, adoption and other circumstances when proof of blood relationship is
required.

How accurate is DNA paternity testing?DNA testing is the most accurate paternity and
family relationship testing method currently available. Every person has a unique DNA
fingerprint except for identical twins. We all inherit half of our DNA from our biological father
and half from our biological mother. DNA testing tries to discover the 50% match between
the childs and the parents DNA profiles to prove or disprove the blood relationship. DNA
parentage testing is considered to be 100% accurate.

How much does a paternity test cost?A standard legal paternity DNA test (1 child, 1 alleged
father and 1 mother mothers participation is optional) performed by Universal
Genetics costs $395. We are proud to offer the most competitive prices among all DNA
testing laboratories with the same credentials including AABB accreditation. Please call 1-
800-914-1002 to discuss fees for other DNA tests.

How do I get the testing process started?To get the DNA testing process started, please
call 1-800-914-1002 and discuss your testing options with one of our DNA experts. After
the right type of DNA test is selected, we will arrange a convenient sample collection
appointment for you. After we receive all tested parties specimens, it takes only 3 to 5
working days to have results.

Where do I go to get my specimen collected?We have a large specimen collection

network across the country and around the world. Wherever you are, we will be able to
schedule a convenient appointment near your home or workplace. Please call call1-800-
914-1002 to find out a collection site near you.

Can I take a paternity test before the child is born?Yes, you can take a paternity test before
the child is born. Universal Genetics offers prenatal DNA paternity testing service to those
who wish to find out paternity during pregnancy. An OB-GYN is involved in collecting the
babys specimen during a period of time that presents the least risks to the fetus and the
mother. The testing results are as accurate as a standard paternity test conducted after the
child is born.
 Can you do the DNA test if we are living in different cities/states/countries?Yes, we can. We
routinely perform DNA tests for tested parties living in different places. We have a large
specimen collection network in all 50 states and around the world. We can arrange
convenient appointments for you at different times and locations.

How soon can I get my results?It takes about 3 to 5 working days for our laboratory to
generate your DNA testing results after we receive specimens from ALL tested parties. An
expedited testing service that can be completed within 24 hours is available in some
situations.
For some special tests such as an immigration DNA test, the longest time is spent on
coordinating with the embassies or overseas USCIS field offices to get the tested parties
specimens collected.

Are buccal swab samples as accurate as blood samples?DNA is the same in almost all cells
in our body. Once conceived during reproduction, DNA does not change. Therefore, the type
of DNA sample used in the test is not going to affect the results. Our laboratorys standard
samples are buccal swab and blood specimens. We also accept non-standard samples such
as organ tissue, hair (with roots), cigarette butts, tooth brushes, and other frequently-used
personal items.

Whats Chain of Custody?Chain of custody is the chronological documentation, showing the

seizure, custody, control, transfer, analysis, and disposition of evidence. In a legal DNA
paternity test, it means proper identification of the tested parties and proper collection and
handling of the specimens, all of which is documented. In addition, AABB requires that
everyone involved in the testing process from the specimen collector to the DNA analyst be
a third party who has no interest in the outcome of the test. Only DNA test results
generated following chain-of-custody procedures are legally admissible and accepted by
government agencies and immigration authorities such as USCIS and U. S. embassies.

How do I interpret the DNA results?In a standard paternity test, our laboratory always
achieves a 0% probability of paternity if the tested man is not the biological father and a
greater than 99.9% probability of paternity if the tested man is the biological father. Both
results are conclusive to prove or disprove paternity. You can read our results interpretation
page for more details. For interpretation of other DNA tests, please call 1-800-914-1002.

Whats AABB accreditation?AABB (formerly American Associations of Blood Banks) is the

regulating organization for the family relationship DNA testing industry. AABBs family
relationship standards and accreditation program is the gold standard for DNA paternity and
other kinship testing laboratories. Only DNA results produced by an AABB-accredited
laboratory are accepted by a court of law and immigration authorities such as USCIS and U.
S. embassies for immigration purposes.

If you have any other questions about DNA testing services, please call 1-800-914-1002.

Frequently Asked Questions

How does it work?

How do I obtain my DNA Test kit?
How soon do I need to collect the samples after I receive the kit?
How long will be the samples be good after I collect it?
Do I need to go to a sample collection location?
 Where are you located?
How do I know that you are legitimate?
How old does a child need to be before testing?
What if the parties to be tested live in different cities?
Does the mother need to be tested for a paternity case?
Can paternity be determined if the alleged father is not available for testing?
How is the DNA sample collected?
How long does testing take?
How do I receive the results of my test?
Can testing be performed before a child is born?

How does it work?

Step 1: Order the Test

Order laboratory testing. Click here to order online.

Step 2: Collect and Submit the Samples to the Laboratory

Kits are delivered to your door within 2 to 3 working days by express courier or within 7 to 10 working
days by mail. Each DNA test kit comes complete with all of the collection materials and instructions for
you to take the test in the privacy of your own home. All DNA testing kits employ the buccal swab
technique, allowing you to perform the collection within minutes with no fuss, no pain. Submit the DNA
specimen directly to the laboratory after collection.

Step 3: Receive Your Results

Once the laboratory receives your samples, testing begins immediately. Results are available within 3 to
5 business days. The results report is sent to you by mail, email or both as soon as testing is complete.

How do I obtain my DNA Test kit?

You may order the DNA test online at any time. Orders placed before 2pm PST (5pm ET) on working
days are shipped out the same day. Orders placed after 2pm PST (5pm ET) or on weekends, or holidays
are shipped out the next business days.

How soon do I need to collect the samples after I receive the kit?

The DNA collection kit does not have an expiration date so you can use it at any time. You do not need to
use it right away.

How long will be the samples be good after I collect it?

After the samples are collected, they will be good for at least 3 months at room temperature. No freezing
or refrigeration is required. After the sample is collected, you have at least 3 months to send the samples
back to the laboratory for testing, however, most families send the samples back right away after sample
collection.

Do I need to go to a sample collection location?

 No, after you order the DNA test, a private sample collection kit will be sent directly to your address for
discreet sample collection at the privacy of your own home. You do not need to attend an appointment for
sample collection.

Where are you located?

Genetrack is one of the world's largest paternity testing laboratories, servicing private and legal clients in
over 60 countries worldwide, including Philippines. The head office of Genetrack Biolabs is located in
Vancouver Canada. All testing kits are shipped to you directly from Genetrack's main laboratory in
Canada.

How do I know that you are legitimate?

Genetrack Biolabs is accredited by the American Association of Blood Banks (AABB), accredited by the
College of American Pathologists (CAP), CLIA certified, and ISO17025 accredited. Genetrack performs
private and legal testing for over 60 countries worldwide and we routinely perform immigration testing for
the government, including the Department of Homeland Security in the US for immigration testing, CIC
Canada for immigration testing, and the Ministry of Justice of the United Kingdom. Our testing laboratory
has maintained a flawless testing record and has serviced hospitals and government departments from
around the world for over 18 years. We are the trusted name for relationship testing worldwide.

How old does a child need to be before testing?

DNA testing can be performed on individuals at any age. Sample collection can even occur on the day of
birth.

What if the parties to be tested live in different cities?

For private testing, if the parties to be tested live in different cities, or even different countries, we can split
your kit and send each component to a different address. Since the kits are individually barcoded, the
samples will still be tested together even if the are sent back separately. To order a split kit, please write
the following into the comments box of the online order form: "Please split kit". Please also indicate the
name and address to send each component. For example, please state: "send the Alleged Father's
portion to... (specify name and address)" and "send the Child's portion to... (specify name and address)".

Does the mother need to be tested for a paternity case?

If the mother already knows that she is the biological mother of a child, then there is no need to test her if
only the alleged father is in question. A conclusive answer regarding paternity can be obtained without
testing the mother.

Can paternity be determined if the alleged father is not available for testing?

If the alleged father is deceased, forensic DNA testing can be considered using items which may contain
the alleged father's DNA. Forensic DNA testing can be performed on anything that has biological material
from the father such as an old toothbrush, electric razor shavings, blood stains, saliva stains, and bone or
teeth from an exhumation. If it is not possible to obtain a forensic sample for the alleged father, testing his
direct relatives can be considered. If his parents are alive, the grandparentage test can be performed. If
he has any siblings, then an aunt or uncle test can be performed. If the alleged father has other children,
then a full or half sibling test can be performed.
 How is the DNA sample collected?

DNA is collected by rubbing a swab gently inside the mouth against the cheek for 15 seconds. The
collection is safe and painless and can be performed on individuals at any age, including infants.

How long does testing take?

When the samples arrive at the laboratory, testing begins immediately and is completed within 3 to 5
business days for all relationship test types, 3 to 14 days for most diseases tests, and 7 to 31 days for
most ancestry tests.

How do I receive the results of my test?

Results are released immediately once the testing has been completed. One copy of the results is sent by
email and one copy is sent by mail. You can choose whether you would like to receive the results by mail,
email or both at the time at the order is placed.

Can testing be performed before a child is born?

Prenatal DNA testing can be performed using a CVS sample or an amniotic fluid sample. If you are
interested in proceeding with prenatal testing, the first step is to arrange an appointment for
amniocentesis or CVS with your physician/obstetrician. Once the appointment is confirmed, please let us
know and we will help you to initiate a file and send the pre-natal sample collection kit directly to your
physician. The turnaround time is 3 to 5 business days from the date that we receive the samples. If you
are unable to have a prenatal sample collected, please note that DNA testing can be performed quickly
and safely as soon as the day of birth using a mouth swab kit.

RULE ON DNA EVIDENCE (A.M. NO. 06-11-5-SC; FULL TEXT)

By: Atty.Fred | October 21, 2007 in Family Law, Litigation, Obiter/News
Leave a reply | Related posts at the bottom of article

(The use of DNA in cases gained popularity in recent years. It is used not only in criminal cases, but
also in paternity disputes. This month, the Supreme Court issued the Rule on DNA Evidence,
through A.M. No. 06-11-5-SC, 2 October 2007. The full text of the Rule on DNA Evidence is
reproduced below.)

RULE ON DNA EVIDENCE

SECTION 1. Scope. This Rule shall apply whenever DNA evidence, as defined in Section 3 hereof,
is offered, used, or proposed to be offered or used as evidence in all criminal and civil actions as
well as special proceedings.

SEC. 2. Application of other Rules on Evidence. In all matters not specifically covered by this
Rule, the Rules of Court and other pertinent provisions of law on evidence shall apply.

SEC. 3. Definition of Terms. For purposes of this Rule, the following terms shall be defined as
follows:
(a) Biological sample means any organic material originating from a person body, even if found in
inanimate objects, that is susceptible to DNA testing. This includes blood, saliva and other body
fluids, tissues, hairs and bones;

(b) DNA means deoxyribonucleic acid, which is the chain of molecules found in every nucleated
cell of the body. The totality of an individual DNA is unique for the individual, except identical twins;

(c) DNA evidence constitutes the totality of the DNA profiles, results and other genetic
information directly generated from DNA testing of biological samples;

(d) DNA profile means genetic information derived from DNA testing of a biological sample
obtained from a person, which biological sample is clearly identifiable as originating from that
person;

(e) DNA testing means verified and credible scientific methods which include the extraction of DNA
from biological samples, the generation of DNA profiles and the comparison of the information
obtained from the DNA testing of biological samples for the purpose of determining, with reasonable
certainty, whether or not the DNA obtained from two or more distinct biological samples originates
from the same person (direct identification) or if the biological samples originate from related
persons (kinship analysis); and

(f) Probability of Parentage means the numerical estimate for the likelihood of parentage of a
putative parent compared with the probability of a random match of two unrelated individuals in a
given population.

SEC. 4. Application for DNA Testing Order. The appropriate court may, at any time, either motu
proprio or on application of any person who has a legal interest in the matter in litigation, order a
DNA testing. Such order shall issue after due hearing and notice to the parties upon a showing of
the following:

(a) A biological sample exists that is relevant to the case;

(b) The biological sample: (i) was not previously subjected to the type of DNA testing now requested;
or (ii) was previously subjected to DNA testing, but the results may require confirmation for good
reasons;
(c) The DNA testing uses a scientifically valid technique;
(d) The DNA testing has the scientific potential to produce new information that is relevant to the
proper resolution of the case; and
(e) The existence of other factors, if any, which the court may consider as potentially affecting the
accuracy or integrity of the DNA testing.

This Rule shall not preclude a DNA testing, without need of a prior court order, at the behest of any
party, including law enforcement agencies, before a suit or proceeding is commenced.

SEC. 5. DNA Testing Order. If the court finds that the requirements in Section 4 hereof have
been complied with, the court shall

(a) Order, where appropriate, that biological samples be taken from any person or crime scene
evidence;
(b) Impose reasonable conditions on DNA testing designed to protect the integrity of the biological
sample, the testing process and the reliability of the test results, including the condition that the DNA
test results shall be simultaneously disclosed to parties involved in the case; and
(c) If the biological sample taken is of such an amount that prevents the conduct of confirmatory
testing by the other or the adverse party and where additional biological samples of the same kind
can no longer be obtained, issue an order requiring all parties to the case or proceedings to witness
the DNA testing to be conducted.

An order granting the DNA testing shall be immediately executory and shall not be appealable. Any
petition for certiorari initiated therefrom shall not, in any way, stay the implementation thereof, unless
a higher court issues an injunctive order. The grant of a DNA testing application shall not be
construed as an automatic admission into evidence of any component of the DNA evidence that may
be obtained as a result thereof.

SEC. 6. Post-conviction DNA Testing. Post-conviction DNA testing may be available, without
need of prior court order, to the prosecution or any person convicted by final and executory judgment
provided that (a) a biological sample exists, (b) such sample is relevant to the case, and (c) the
testing would probably result in the reversal or modification of the judgment of conviction.

SEC. 7. Assessment of probative value of DNA evidence. In assessing the probative value of
the DNA evidence presented, the court shall consider the following:

(a) The chain of custody, including how the biological samples were collected, how they were
handled, and the possibility of contamination of the samples;
(b) The DNA testing methodology, including the procedure followed in analyzing the samples, the
advantages and disadvantages of the procedure, and compliance with the scientifically valid
standards in conducting the tests;
(c) The forensic DNA laboratory, including accreditation by any reputable standards-setting
institution and the qualification of the analyst who conducted the tests. If the laboratory is not
accredited, the relevant experience of the laboratory in forensic casework and credibility shall be
properly established; and
(d) The reliability of the testing result, as hereinafter provided.

The provisions of the Rules of Court concerning the appreciation of evidence shall apply suppletorily.

SEC. 8. Reliability of DNA Testing Methodology. In evaluating whether the DNA testing
methodology is reliable, the court shall consider the following:

(a) The falsifiability of the principles or methods used, that is, whether the theory or technique can be
and has been tested;
(b) The subjection to peer review and publication of the principles or methods;
(c) The general acceptance of the principles or methods by the relevant scientific community;
(d) The existence and maintenance of standards and controls to ensure the correctness of data
generated;
(e) The existence of an appropriate reference population database; and
(f) The general degree of confidence attributed to mathematical calculations used in comparing DNA
profiles and the significance and limitation of statistical calculations used in comparing DNA profiles.

SEC. 9. Evaluation of DNA Testing Results. In evaluating the results of DNA testing, the court
shall consider the following:

(a) The evaluation of the weight of matching DNA evidence or the relevance of mismatching DNA
evidence;
(b) The results of the DNA testing in the light of the totality of the other evidence presented in the
case; and that
(c) DNA results that exclude the putative parent from paternity shall be conclusive proof of non-
paternity. If the value of the Probability of Paternity is less than 99.9%, the results of the DNA testing
shall be considered as corroborative evidence. If the value of the Probability of Paternity is 99.9% or
higher, there shall be a disputable presumption of paternity.

SEC. 10. Post-conviction DNA Testing. Remedy if the Results Are Favorable to the Convict. The
convict or the prosecution may file a petition for a writ of habeas corpus in the court of origin if the
results of the post-conviction DNA testing are favorable to the convict. In case the court, after due
hearing, finds the petition to be meritorious, it shall reverse or modify the judgment of conviction and
order the release of the convict, unless continued detention is justified for a lawful cause.

A similar petition may be filed either in the Court of Appeals or the Supreme Court, or with any
member of said courts, which may conduct a hearing thereon or remand the petition to the court of
origin and issue the appropriate orders.

SEC. 11. Confidentiality. DNA profiles and all results or other information obtained from DNA
testing shall be confidential. Except upon order of the court, a DNA profile and all results or other
information obtained from DNA testing shall only be released to any of the following, under such
terms and conditions as may be set forth by the court:

(a) Person from whom the sample was taken;

(b) Lawyers representing parties in the case or action where the DNA evidence is offered and
presented or sought to be offered and presented;
(c) Lawyers of private complainants in a criminal action;
(d) Duly authorized law enforcement agencies; and
(e) Other persons as determined by the court.

Whoever discloses, utilizes or publishes in any form any information concerning a DNA profile
without the proper court order shall be liable for indirect contempt of the court wherein such DNA
evidence was offered, presented or sought to be offered and presented.

Where the person from whom the biological sample was taken files a written verified request to the
court that allowed the DNA testing for the disclosure of the DNA profile of the person and all results
or other information obtained from the DNA testing, the same may be disclosed to the persons
named in the written verified request.

SEC. 12. Preservation of DNA Evidence. The trial court shall preserve the DNA evidence in its
totality, including all biological samples, DNA profiles and results or other genetic information
obtained from DNA testing. For this purpose, the court may order the appropriate government
agency to preserve the DNA evidence as follows:

(a) In criminal cases:

i. for not less than the period of time that any person is under trial for an offense; or,
ii. in case the accused is serving sentence, until such time as the accused has served his sentence;
and

(b) In all other cases, until such time as the decision in the case where the DNA evidence was
introduced has become final and executory.

The court may allow the physical destruction of a biological sample before the expiration of the
periods set forth above, provided that:
(a) A court order to that effect has been secured; or
(b) The person from whom the DNA sample was obtained has consented in writing to the disposal of
the DNA evidence.

SEC. 13. Applicability to Pending Cases. Except as provided in Sections 6 and 10 hereof, this
Rule shall apply to cases pending at the time of its effectivity.

SEC. 14. Effectivity.This Rule shall take effect on October 15, 2007, following publication in a
newspaper of general circulation.

THIRD DIVISION

[G.R. No. 162571. June 15, 2005]

ARNEL L. AGUSTIN, petitioner, vs. HON. COURT OF APPEALS AND

MINOR MARTIN JOSE PROLLAMANTE, REPRESENTED BY HIS
MOTHER/GUARDIAN FE ANGELA PROLLAMANTE, respondents.

DECISION
CORONA, J.:

At issue in this petition for certiorari [1] is whether or not the Court of Appeals (CA)
gravely erred in exercising its discretion, amounting to lack or excess of jurisdiction, in
issuing a decision[2]and resolution[3] upholding the resolution and order of the trial
court,[4] which denied petitioners motion to dismiss private respondents complaint for
support and directed the parties to submit themselves to deoxyribonucleic acid (DNA)
paternity testing.
Respondents Fe Angela and her son Martin Prollamante sued Martins alleged
biological father, petitioner Arnel L. Agustin, for support and support pendente
lite before the Regional Trial Court (RTC) of Quezon City, Branch 106.[5]
In their complaint, respondents alleged that Arnel courted Fe in 1992, after which
they entered into an intimate relationship. Arnel supposedly impregnated Fe on her
34th birthday on November 10, 1999. Despite Arnels insistence on abortion, Fe decided
otherwise and gave birth to their child out of wedlock, Martin, on August 11, 2000 at the
Capitol Medical Hospital in Quezon City. The babys birth certificate was purportedly
signed by Arnel as the father. Arnel shouldered the pre-natal and hospital expenses but
later refused Fes repeated requests for Martins support despite his adequate financial
capacity and even suggested to have the child committed for adoption. Arnel also
denied having fathered the child.
On January 19, 2001, while Fe was carrying five-month old Martin at the Capitol
Hills Golf and Country Club parking lot, Arnel sped off in his van, with the open car door
hitting Fes leg. This incident was reported to the police. In July 2001, Fe was diagnosed
with leukemia and has, since then, been undergoing chemotherapy. On March 5, 2002,
Fe and Martin sued Arnel for support.[6]
In his amended answer, Arnel denied having sired Martin because his affair and
intimacy with Fe had allegedly ended in 1998, long before Martins conception. He
claimed that Fe had at least one other secret lover. Arnel admitted that their relationship
started in 1993 but he never really fell in love with (Fe) not only because (she) had at
least one secret lover, a certain Jun, but also because she proved to be scheming and
overly demanding and possessive. As a result, theirs was a stormy on-and-off affair.
What started as a romantic liaison between two consenting adults eventually turned out
to be a case of fatal attraction where (Fe) became so obsessed with (Arnel), to the point
of even entertaining the idea of marrying him, that she resorted to various devious ways
and means to alienate (him) from his wife and family. Unable to bear the prospect of
losing his wife and children, Arnel terminated the affair although he still treated her as a
friend such as by referring potential customers to the car aircon repair shop[7] where she
worked. Later on, Arnel found out that Fe had another erstwhile secret lover. In May
2000, Arnel and his entire family went to the United States for a vacation. Upon their
return in June 2000, Arnel learned that Fe was telling people that he had impregnated
her. Arnel refused to acknowledge the child as his because their last intimacy was
sometime in 1998.[8] Exasperated, Fe started calling Arnels wife and family. On January
19, 2001, Fe followed Arnel to the Capitol Hills Golf and Country Club parking lot to
demand that he acknowledge Martin as his child. According to Arnel, he could not get
through Fe and the discussion became so heated that he had no alternative but to move
on but without bumping or hitting any part of her body. [9] Finally, Arnel claimed that the
signature and the community tax certificate (CTC) attributed to him in the
acknowledgment of Martins birth certificate were falsified. The CTC erroneously
reflected his marital status as single when he was actually married and that his birth
year was 1965 when it should have been 1964.[10]
In his pre-trial brief filed on May 17, 2002, Arnel vehemently denied having sired
Martin but expressed willingness to consider any proposal to settle the case.[11]
On July 23, 2002, Fe and Martin moved for the issuance of an order directing all the
parties to submit themselves to DNA paternity testing pursuant to Rule 28 of the Rules
of Court.[12]
Arnel opposed said motion by invoking his constitutional right against self-
incrimination.[13] He also moved to dismiss the complaint for lack of cause of action,
considering that his signature on the birth certificate was a forgery and that, under the
law, an illegitimate child is not entitled to support if not recognized by the putative
father.[14] In his motion, Arnel manifested that he had filed criminal charges for
falsification of documents against Fe (I.S. Nos. 02-5723 and 02-7192) and a petition for
cancellation of his name appearing in Martins birth certificate (docketed as Civil Case
No. Q-02-46669). He attached the certification of the Philippine National Police Crime
Laboratory that his signature in the birth certificate was forged.
 The trial court denied the motion to dismiss the complaint and ordered the parties to
submit themselves to DNA paternity testing at the expense of the applicants. The Court
of Appeals affirmed the trial court.
Thus, this petition.
In a nutshell, petitioner raises two issues: (1) whether a complaint for support can
be converted to a petition for recognition and (2) whether DNA paternity testing can be
ordered in a proceeding for support without violating petitioners constitutional right to
privacy and right against self-incrimination.[15]
The petition is without merit.
First of all, the trial court properly denied the petitioners motion to dismiss because
the private respondents complaint on its face showed that they had a cause of action
against the petitioner. The elements of a cause of action are: (1) the plaintiffs primary
right and the defendants corresponding primary duty, and (2) the delict or wrongful act
or omission of the defendant, by which the primary right and duty have been violated.
The cause of action is determined not by the prayer of the complaint but by the facts
alleged.[16]
In the complaint, private respondents alleged that Fe had amorous relations with the
petitioner, as a result of which she gave birth to Martin out of wedlock. In his answer,
petitioner admitted that he had sexual relations with Fe but denied that he fathered
Martin, claiming that he had ended the relationship long before the childs conception
and birth. It is undisputed and even admitted by the parties that there existed a sexual
relationship between Arnel and Fe. The only remaining question is whether such sexual
relationship produced the child, Martin. If it did, as respondents have alleged, then
Martin should be supported by his father Arnel. If not, petitioner and Martin are
strangers to each other and Martin has no right to demand and petitioner has no
obligation to give support.
Preliminaries aside, we now tackle the main issues.
Petitioner refuses to recognize Martin as his own child and denies the genuineness
and authenticity of the childs birth certificate which he purportedly signed as the father.
He also claims that the order and resolution of the trial court, as affirmed by the Court of
Appeals, effectively converted the complaint for support to a petition for recognition,
which is supposedly proscribed by law. According to petitioner, Martin, as an
unrecognized child, has no right to ask for support and must first establish his filiation in
a separate suit under Article 283[17] in relation to Article 265[18] of the Civil Code and
Section 1, Rule 105[19] of the Rules of Court.
The petitioners contentions are without merit.
The assailed resolution and order did not convert the action for support into one for
recognition but merely allowed the respondents to prove their cause of action against
petitioner who had been denying the authenticity of the documentary evidence of
acknowledgement. But even if the assailed resolution and order effectively integrated an
action to compel recognition with an action for support, such was valid and in
accordance with jurisprudence. In Tayag v. Court of Appeals,[20] we allowed the
integration of an action to compel recognition with an action to claim ones inheritance:

In Paulino, we held that an illegitimate child, to be entitled to support and

successional rights from the putative or presumed parent, must prove his filiation to
the latter. We also said that it is necessary to allege in the complaint that the putative
father had acknowledged and recognized the illegitimate child because such
acknowledgment is essential to and is the basis of the right to inherit. There being no
allegation of such acknowledgment, the action becomes one to compel recognition
which cannot be brought after the death of the putative father. The ratio
decidendi in Paulino, therefore, is not the absence of a cause of action for failure of
the petitioner to allege the fact of acknowledgment in the complaint, but the
prescription of the action.

Applying the foregoing principles to the case at bar, although petitioner contends that
the complaint filed by herein private respondent merely alleges that the minor Chad
Cuyugan is an illegitimate child of the deceased and is actually a claim for
inheritance, from the allegations therein the same may be considered as one to compel
recognition. Further, that the two causes of action, one to compel recognition and
the other to claim inheritance, may be joined in one complaint is not new in our
jurisprudence.

As early as [1922] we had occasion to rule thereon in Briz vs. Briz, et al. (43 Phil. 763
[1922]) wherein we said:

The question whether a person in the position of the present plaintiff can in any event
maintain a complex action to compel recognition as a natural child and at the same
time to obtain ulterior relief in the character of heir, is one which in the opinion of this
court must be answered in the affirmative, provided always that the conditions
justifying the joinder of the two distinct causes of action are present in the particular
case. In other words, there is no absolute necessity requiring that the action to
compel acknowledgment should have been instituted and prosecuted to a
successful conclusion prior to the action in which that same plaintiff seeks
additional relief in the character of heir. Certainly, there is nothing so peculiar to
the action to compel acknowledgment as to require that a rule should be here applied
different from that generally applicable in other cases. x x x

The conclusion above stated, though not heretofore explicitly formulated by this
court, is undoubtedly to some extent supported by our prior decisions. Thus, we have
held in numerous cases, and the doctrine must be considered well settled, that a
natural child having a right to compel acknowledgment, but who has not been in
fact legally acknowledged, may maintain partition proceedings for the division of
the inheritance against his coheirs x x x; and the same person may intervene in
proceedings for the distribution of the estate of his deceased natural father, or mother
x x x. In neither of these situations has it been thought necessary for the plaintiff to
show a prior decree compelling acknowledgment. The obvious reason is that in
partition suits and distribution proceedings the other persons who might take by
inheritance are before the court; and the declaration of heirship is appropriate to such
proceedings. (Underscoring supplied)

Although the instant case deals with support rather than inheritance, as in Tayag,
the basis or rationale for integrating them remains the same. Whether or not respondent
Martin is entitled to support depends completely on the determination of filiation. A
separate action will only result in a multiplicity of suits, given how intimately related the
main issues in both cases are. To paraphrase Tayag, the declaration of filiation is
entirely appropriate to these proceedings.
On the second issue, petitioner posits that DNA is not recognized by this Court as a
conclusive means of proving paternity. He also contends that compulsory testing
violates his right to privacy and right against self-incrimination as guaranteed under the
1987 Constitution. These contentions have no merit.
Given that this is the very first time that the admissibility of DNA testing as a means
for determining paternity has actually been the focal issue in a controversy, a brief
historical sketch of our past decisions featuring or mentioning DNA testing is called for.
In the 1995 case of People v. Teehankee[21] where the appellant was convicted of
murder on the testimony of three eyewitnesses, we stated as an obiter dictum that while
eyewitness identification is significant, it is not as accurate and authoritative as the
scientific forms of identification evidence such as the fingerprint or the DNA test
result (emphasis supplied).
Our faith in DNA testing, however, was not quite so steadfast in the previous
decade. In Pe Lim v. Court of Appeals,[22] promulgated in 1997, we cautioned against the
use of DNA because DNA, being a relatively new science, (had) not as yet been
accorded official recognition by our courts. Paternity (would) still have to be resolved by
such conventional evidence as the relevant incriminating acts, verbal and written, by the
putative father.
In 2001, however, we opened the possibility of admitting DNA as evidence of
parentage, as enunciated in Tijing v. Court of Appeals:[23]

A final note. Parentage will still be resolved using conventional methods unless we
adopt the modern and scientific ways available. Fortunately, we have now the facility
and expertise in using DNA test for identification and parentage testing. The
University of the Philippines Natural Science Research Institute (UP-NSRI) DNA
Analysis Laboratory has now the capability to conduct DNA typing using short
tandem repeat (STR) analysis. The analysis is based on the fact that the DNA of a
child/person has two (2) copies, one copy from the mother and the other from the
father. The DNA from the mother, the alleged father and child are analyzed to
establish parentage. Of course, being a novel scientific technique, the use of DNA test
as evidence is still open to challenge. Eventually, as the appropriate case comes,
courts should not hesitate to rule on the admissibility of DNA evidence. For it was
said, that courts should apply the results of science when competently obtained in aid
of situations presented, since to reject said result is to deny progress.

The first real breakthrough of DNA as admissible and authoritative evidence in

Philippine jurisprudence came in 2002 with our en banc decision in People v.
Vallejo[24] where the rape and murder victims DNA samples from the bloodstained
clothes of the accused were admitted in evidence. We reasoned that the purpose of
DNA testing (was) to ascertain whether an association exist(ed) between the evidence
sample and the reference sample. The samples collected (were) subjected to various
chemical processes to establish their profile.
A year later, in People v. Janson,[25] we acquitted the accused charged with rape for
lack of evidence because doubts persist(ed) in our mind as to who (were) the real
malefactors. Yes, a complex offense (had) been perpetrated but who (were) the
perpetrators? How we wish we had DNA or other scientific evidence to still our doubts!
In 2004, in Tecson, et al. v. COMELEC[26] where the Court en banc was faced with
the issue of filiation of then presidential candidate Fernando Poe Jr., we stated:

In case proof of filiation or paternity would be unlikely to satisfactorily establish or

would be difficult to obtain, DNA testing, which examines genetic codes obtained
from body cells of the illegitimate child and any physical residue of the long dead
parent could be resorted to. A positive match would clear up filiation or paternity. In
Tijing vs. Court of Appeals, this Court has acknowledged the strong weight of DNA
testing

Moreover, in our en banc decision in People v. Yatar,[27] we affirmed the conviction of

the accused for rape with homicide, the principal evidence for which included DNA test
results. We did a lengthy discussion of DNA, the process of DNA testing and the
reasons for its admissibility in the context of our own Rules of Evidence:

Deoxyribonucleic Acid, or DNA, is a molecule that encodes the genetic information

in all living organisms. A persons DNA is the same in each cell and it does not change
throughout a persons lifetime; the DNA in a persons blood is the same as the DNA
found in his saliva, sweat, bone, the root and shaft of hair, earwax, mucus, urine, skin
tissue, and vaginal and rectal cells. Most importantly, because of polymorphisms in
human genetic structure, no two individuals have the same DNA, with the notable
exception of identical twins.

xxx xxx xxx

In assessing the probative value of DNA evidence, courts should consider, inter alia,
the following factors: how the samples were collected, how they were handled, the
possibility of contamination of the samples, the procedure followed in analyzing the
samples, whether proper standards and procedures were followed in conducting the
tests, and the qualification of the analyst who conducted the tests.

In the case at bar, Dr. Maria Corazon Abogado de Ungria was duly qualified by the
prosecution as an expert witness on DNA print or identification techniques. Based on
Dr. de Ungrias testimony, it was determined that the gene type and DNA profile of
appellant are identical to that of the extracts subject of examination. The blood sample
taken from the appellant showed that he was of the following gene types: vWA 15/19,
TH01 7/8, DHFRP29/10 and CSF1PO 10/11, which are identical with semen taken
from the victims vaginal canal. Verily, a DNA match exists between the semen found
in the victim and the blood sample given by the appellant in open court during the
course of the trial.

Admittedly, we are just beginning to integrate these advances in science and

technology in the Philippine criminal justice system, so we must be cautious as we
traverse these relatively uncharted waters. Fortunately, we can benefit from the wealth
of persuasive jurisprudence that has developed in other jurisdictions. Specifically, the
prevailing doctrine in the U.S. has proven instructive.

In Daubert v. Merrell Dow (509 U.S. 579 (1993); 125 L. Ed. 2d 469) it was ruled that
pertinent evidence based on scientifically valid principles could be used as long as it
was relevant and reliable. Judges, underDaubert, were allowed greater discretion over
which testimony they would allow at trial, including the introduction of new kinds of
scientific techniques. DNA typing is one such novel procedure.

Under Philippine law, evidence is relevant when it relates directly to a fact in issue as
to induce belief in its existence or non-existence. Applying the Daubert test to the
case at bar, the DNA evidence obtained through PCR testing and utilizing STR
analysis, and which was appreciated by the court a quo is relevant and reliable since it
is reasonably based on scientifically valid principles of human genetics and molecular
biology.

Significantly, we upheld the constitutionality of compulsory DNA testing and the

admissibility of the results thereof as evidence. In that case, DNA samples from semen
recovered from a rape victims vagina were used to positively identify the accused Joel
Kawit Yatar as the rapist. Yatar claimed that the compulsory extraction of his blood
sample for DNA testing, as well as the testing itself, violated his right against self-
incrimination, as embodied in both Sections 12 and 17 of Article III of the Constitution.
We addressed this as follows:
The contention is untenable. The kernel of the right is not against all compulsion, but
against testimonial compulsion. The right against self-incrimination is simply against
the legal process of extracting from the lips of the accused an admission of guilt. It
does not apply where the evidence sought to be excluded is not an incrimination but
as part of object evidence.

Over the years, we have expressly excluded several kinds of object evidence taken
from the person of the accused from the realm of self-incrimination. These include
photographs,[28] hair,[29]and other bodily substances.[30] We have also declared as
constitutional several procedures performed on the accused such as pregnancy tests
for women accused of adultery,[31] expulsion of morphine from ones mouth[32] and the
tracing of ones foot to determine its identity with bloody footprints. [33] In Jimenez v.
Caizares,[34] we even authorized the examination of a womans genitalia, in an action for
annulment filed by her husband, to verify his claim that she was impotent, her orifice
being too small for his penis. Some of these procedures were, to be sure, rather
invasive and involuntary, but all of them were constitutionally sound. DNA testing and its
results, per our ruling in Yatar,[35] are now similarly acceptable.
Nor does petitioners invocation of his right to privacy persuade us. In Ople v.
Torres,[36] where we struck down the proposed national computerized identification
system embodied in Administrative Order No. 308, we said:

In no uncertain terms, we also underscore that the right to privacy does not bar all
incursions into individual privacy. The right is not intended to stifle scientific and
technological advancements that enhance public service and the common good...
Intrusions into the right must be accompanied by proper safeguards that enhance
public service and the common good.

Historically, it has mostly been in the areas of legality of searches and

seizures,[37] and the infringement of privacy of communication[38] where the constitutional
right to privacy has been critically at issue. Petitioners case involves neither and, as
already stated, his argument that his right against self-incrimination is in jeopardy holds
no water. His hollow invocation of his constitutional rights elicits no sympathy here for
the simple reason that they are not in any way being violated. If, in a criminal case, an
accused whose very life is at stake can be compelled to submit to DNA testing, we see
no reason why, in this civil case, petitioner herein who does not face such dire
consequences cannot be ordered to do the same.
DNA paternity testing first came to prominence in the United States, where it yielded
its first official results sometime in 1985. In the decade that followed, DNA rapidly found
widespread general acceptance.[39] Several cases decided by various State Supreme
Courts reflect the total assimilation of DNA testing into their rules of procedure and
evidence.
The case of Wilson v. Lumb[40] shows that DNA testing is so commonly accepted
that, in some instances, ordering the procedure has become a ministerial act. The
Supreme Court of St. Lawrence County, New York allowed a party who had already
acknowledged paternity to subsequently challenge his prior acknowledgment. The Court
pointed out that, under the law, specifically Section 516 of the New York Family Court
Act, the Family Court examiner had the duty, upon receipt of the challenge, to order
DNA tests:[41]

516-a. Acknowledgment of paternity. (a) An acknowledgment of paternity executed

pursuant to section one hundred eleven-k of the social services law or section four
thousand one hundred thirty-five-b of the public health law shall establish the
paternity of and liability for the support of a child pursuant to this act. Such
acknowledgment must be reduced to writing and filed pursuant to section four
thousand one hundred thirty-five-b of the public health law with the registrar of the
district in which the birth occurred and in which the birth certificate has been filed. No
further judicial or administrative proceedings are required to ratify an unchallenged
acknowledgment of paternity.

(b) An acknowledgment of paternity executed pursuant to section one hundred eleven-

k of the social services law or section four thousand one hundred thirty-five-b of the
public health law may be rescinded by either signators filing of a petition with the
court to vacate the acknowledgment within the earlier of sixty days of the date of
signing the acknowledgment or the date of an administrative or a judicial proceeding
(including a proceeding to establish a support order) relating to the child in which
either signator is a party. For purposes of this section, the "date of an administrative or
a judicial proceeding" shall be the date by which the respondent is required to answer
the petition. After the expiration of sixty days of the execution of the
acknowledgment, either signator may challenge the acknowledgment of paternity in
court only on the basis of fraud, duress, or material mistake of fact, with the burden of
proof on the party challenging the voluntary acknowledgment. Upon receiving a
partys challenge to an acknowledgment, the court shall order genetic marker
tests or DNAtests for the determination of the childs paternity and shall make a
finding of paternity, if appropriate, in accordance with this article. Neither
signators legal obligations, including the obligation for child support arising from the
acknowledgment, may be suspended during the challenge to the acknowledgment
except for good cause as the court may find. If a party petitions to rescind an
acknowledgment and if the court determines that the alleged father is not the father of
the child, or if the court finds that an acknowledgment is invalid because it was
executed on the basis of fraud, duress, or material mistake of fact, the court shall
vacate the acknowledgment of paternity and shall immediately provide a copy of the
order to the registrar of the district in which the childs birth certificate is filed and also
to the putative father registry operated by the department of social services pursuant to
section three hundred seventy-two-c of the social services law. In addition, if the
mother of the child who is the subject of the acknowledgment is in receipt of child
support services pursuant to title six-A of article three of the social services law, the
court shall immediately provide a copy of the order to the child support enforcement
unit of the social services district that provides the mother with such services.

(c) A determination of paternity made by any other state, whether established through
the parents acknowledgment of paternity or through an administrative or judicial
process, must be accorded full faith and credit, if and only if such acknowledgment
meets the requirements set forth in section 452(a)(7) of the social security act.
(emphasis supplied)
DNA testing also appears elsewhere in the New York Family Court Act: [42]

532. Genetic marker and DNA tests; admissibility of records or reports of test results;
costs of tests.

a) The court shall advise the parties of their right to one or more genetic marker tests
or DNA tests and, on the courts own motion or the motion of any party, shall order the
mother, her child and the alleged father to submit to one or more genetic marker or
DNA tests of a type generally acknowledged as reliable by an accreditation body
designated by the secretary of the federal department of health and human services
and performed by a laboratory approved by such an accreditation body and by the
commissioner of health or by a duly qualified physician to aid in the determination of
whether the alleged father is or is not the father of the child. No such test shall be
ordered, however, upon a written finding by the court that it is not in the best
interests of the child on the basis of res judicata, equitable estoppel, or the
presumption of legitimacy of a child born to a married woman. The record or
report of the results of any such genetic marker or DNA test ordered pursuant to this
section or pursuant to section one hundred eleven-k of the social services law shall be
received in evidence by the court pursuant to subdivision (e) of rule forty-five
hundred eighteen of the civil practice law and rules where no timely objection in
writing has been made thereto and that if such timely objections are not made, they
shall be deemed waived and shall not be heard by the court. If the record or report
of the results of any such genetic marker or DNA test or tests indicate at least a
ninety-five percent probability of paternity, the admission of such record or
report shall create a rebuttable presumption of paternity, and shall establish, if
unrebutted, the paternity of and liability for the support of a child pursuant to
this article and article four of this act.

(b) Whenever the court directs a genetic marker or DNA test pursuant to this section,
a report made as provided in subdivision (a) of this section may be received in
evidence pursuant to rule forty-five hundred eighteen of the civil practice law and
rules if offered by any party.
(c) The cost of any test ordered pursuant to subdivision (a) of this section shall be, in
the first instance, paid by the moving party. If the moving party is financially unable
to pay such cost, the court may direct any qualified public health officer to conduct
such test, if practicable; otherwise, the court may direct payment from the funds of the
appropriate local social services district. In its order of disposition, however, the court
may direct that the cost of any such test be apportioned between the parties according
to their respective abilities to pay or be assessed against the party who does not
prevail on the issue of paternity, unless such party is financially unable to pay.
(emphasis supplied)

In R.E. v. C.E.W.,[43] a decision of the Mississippi Supreme Court, DNA tests were
used to prove that H.W., previously thought to be an offspring of the marriage between
A.C.W. and C.E.W., was actually the child of R.E. with whom C.E.W. had, at the time of
conception, maintained an adulterous relationship.
In Erie County Department of Social Services on behalf of Tiffany M.H. v. Greg
G., the 4th Department of the New York Supreme Courts Appellate Division allowed
[44]

G.G., who had been adjudicated as T.M.H.s father by default, to have the said judgment
vacated, even after six years, once he had shown through a genetic marker test that he
was not the childs father. In this case, G.G. only requested the tests after the
Department of Social Services, six years after G.G. had been adjudicated as T.M.H.s
father, sought an increase in his support obligation to her.
In Greco v. Coleman,[45] the Michigan Supreme Court while ruling on the
constitutionality of a provision of law allowing non-modifiable support agreements
pointed out that it was because of the difficulty of determining paternity before the
advent of DNA testing that such support agreements were necessary:

As a result of DNA testing, the accuracy with which paternity can be proven has
increased significantly since the parties in this lawsuit entered into their support
agreement(current testing methods can determine the probability of paternity to
99.999999% accuracy). However, at the time the parties before us entered into the
disputed agreement, proving paternity was a very significant obstacle to an
illegitimate child's access to child support. The first reported results of
modern DNA paternity testing did not occur until 1985. ("In fact, since its first
reported results in 1985, DNA matching has progressed to 'general acceptance in less
than a decade'"). Of course, while prior blood-testing methods could exclude some
males from being the possible father of a child, those methods could not affirmatively
pinpoint a particular male as being the father. Thus, when the settlement agreement
between the present parties was entered in 1980, establishing paternity was a far more
difficult ordeal than at present. Contested paternity actions at that time were often no
more than credibility contests. Consequently, in every contested paternity action,
obtaining child support depended not merely on whether the putative father was, in
fact, the child's biological father, but rather on whether the mother could prove to a
court of law that she was only sexually involved with one man--the putative father.
Allowing parties the option of entering into private agreements in lieu of proving
paternity eliminated the risk that the mother would be unable meet her burden of
proof.

It is worth noting that amendments to Michigans Paternity law have included the use
of DNA testing:[46]

722.716 Pretrial proceedings; blood or tissue typing determinations as to mother,

child, and alleged father; court order; refusal to submit to typing or identification
profiling; qualifications of person conducting typing or identification profiling;
compensation of expert; result of typing or identification profiling; filing summary
report; objection; admissibility; presumption; burden of proof; summary disposition.

Sec. 6.

(1) In a proceeding under this act before trial, the court, upon application made
by or on behalf of either party, or on its own motion, shall order that the mother,
child, and alleged father submit to blood or tissue typing determinations, which
may include, but are not limited to, determinations of red cell antigens, red cell
isoenzymes, human leukocyte antigens, serum proteins, or DNA identification
profiling, to determine whether the alleged father is likely to be, or is not, the
father of the child. If the court orders a blood or tissue typing
or DNA identification profiling to be conducted and a party refuses to submit to
the typing or DNA identification profiling, in addition to any other remedies
available, the court may do either of the following:

(a) Enter a default judgment at the request of the appropriate party.

(b) If a trial is held, allow the disclosure of the fact of the refusal unless good
cause is shown for not disclosing the fact of refusal.

(2) A blood or tissue typing or DNA identification profiling shall be conducted by a

person accredited for paternity determinations by a nationally recognized scientific
organization, including, but not limited to, the American association of blood banks.

xxx xxx xxx

(5) If the probability of paternity determined by the qualified person described in

subsection (2) conducting the blood or tissue typing or DNA identification
profiling is 99% or higher, and the DNAidentification profile and summary
report are admissible as provided in subsection (4), paternity is presumed. If the
results of the analysis of genetic testing material from 2 or more persons indicate
a probability of paternity greater than 99%, the contracting laboratory shall
conduct additional genetic paternity testing until all but 1 of the putative fathers
is eliminated, unless the dispute involves 2 or more putative fathers who have
identical DNA.

(6) Upon the establishment of the presumption of paternity as provided in subsection

(5), either party may move for summary disposition under the court rules. this section
does not abrogate the right of either party to child support from the date of birth of the
child if applicable under section 7. (emphasis supplied)

In Rafferty v. Perkins,[47] the Supreme Court of Mississippi ruled that DNA test results
showing paternity were sufficient to overthrow the presumption of legitimacy of a child
born during the course of a marriage:

The presumption of legitimacy having been rebutted by the results of the blood test
eliminating Perkins as Justin's father, even considering the evidence in the light most
favorable to Perkins, we find that no reasonable jury could find that Easter is not
Justin's father based upon the 99.94% probability of paternity concluded by the DNA
testing.

In S.J.F. and J.C.F. v. R.C.W.,[48] the North Dakota Supreme Court upheld an order
for genetic testing given by the Court of Appeals, even after trial on the merits had
concluded without such order being given. Significantly, when J.C.F., the mother, first
filed the case for paternity and support with the District Court, neither party requested
genetic testing. It was only upon appeal from dismissal of the case that the appellate
court remanded the case and ordered the testing, which the North Dakota Supreme
Court upheld.
The case of Kohl v. Amundson,[49] decided by the Supreme Court of South Dakota,
demonstrated that even default judgments of paternity could be vacated after the
adjudicated father had, through DNA testing, established non-paternity. In this case,
Kohl, having excluded himself as the father of Amundsons child through DNA testing,
was able to have the default judgment against him vacated. He then obtained a ruling
ordering Amundson to reimburse him for the amounts withheld from his wages for child
support. The Court said (w)hile Amundson may have a remedy against the father of the
child, she submit(ted) no authority that require(d) Kohl to support her child. Contrary to
Amundson's position, the fact that a default judgment was entered, but subsequently
vacated, (did) not foreclose Kohl from obtaining a money judgment for the amount
withheld from his wages.
In M.A.S. v. Mississippi Dept. of Human Services,[50] another case decided by the
Supreme Court of Mississippi, it was held that even if paternity was established through
an earlier agreed order of filiation, child support and visitation orders could still be
vacated once DNA testing established someone other than the named individual to be
the biological father. The Mississippi High Court reiterated this doctrine in Williams v.
Williams.[51]
The foregoing considered, we find no grave abuse of discretion on the part of the
public respondent for upholding the orders of the trial court which both denied the
petitioners motion to dismiss and ordered him to submit himself for DNA testing. Under
Rule 65 of the 1997 Rules of Civil Procedure, the remedy of certiorari is only available
when any tribunal, board or officer has acted without or in excess of its or his
jurisdiction, or with grave abuse of discretion amounting to lack or excess of jurisdiction,
and there is no appeal, nor any plain, speedy and adequate remedy in the ordinary
course of law.[52] In Land Bank of the Philippines v. the Court of Appeals [53] where we
dismissed a special civil action for certiorari under Rule 65, we discussed at length the
nature of such a petition and just what was meant by grave abuse of discretion:

Grave abuse of discretion implies such capricious and whimsical exercise of judgment
as is equivalent to lack of jurisdiction or, in other words, where the power is
exercised in an arbitrary manner by reason of passion, prejudice, or personal
hostility, and it must be so patent or gross as to amount to an evasion of a
positive duty or to a virtual refusal to perform the duty enjoined or to act at all
in contemplation of law.

The special civil action for certiorari is a remedy designed for the correction of errors
of jurisdiction and not errors of judgment. The raison detre for the rule is when a
court exercises its jurisdiction, an error committed while so engaged does not deprive
it of the jurisdiction being exercised when the error is committed. If it did, every error
committed by a court would deprive it of its jurisdiction and every erroneous
judgment would be a void judgment. In such a scenario, the administration of justice
would not survive. Hence, where the issue or question involved affects the wisdom or
legal soundness of the decisionnot the jurisdiction of the court to render said
decisionthe same is beyond the province of a special civil action for certiorari.

The proper recourse of the aggrieved party from a decision of the CA is a petition for
review on certiorari under Rule 45 of the Revised Rules of Court. On the other hand,
if the error subject of the recourse is one of jurisdiction, or the act complained of was
perpetrated by a quasi-judicial officer or agency with grave abuse of discretion
amounting to lack or excess of jurisdiction, the proper remedy available to the
aggrieved party is a petition for certiorari under Rule 65 of the said Rules. (emphasis
supplied)

In the instant case, the petitioner has in no way shown any arbitrariness, passion,
prejudice or personal hostility that would amount to grave abuse of discretion on the
part of the Court of Appeals. The respondent court acted entirely within its jurisdiction in
promulgating its decision and resolution, and any error made would have only been an
error in judgment. As we have discussed, however, the decision of the respondent
court, being firmly anchored in law and jurisprudence, was correct.

Epilogue

For too long, illegitimate children have been marginalized by fathers who choose to
deny their existence. The growing sophistication of DNA testing technology finally
provides a much needed equalizer for such ostracized and abandoned progeny. We
have long believed in the merits of DNA testing and have repeatedly expressed as
much in the past. This case comes at a perfect time when DNA testing has finally
evolved into a dependable and authoritative form of evidence gathering. We therefore
take this opportunity to forcefully reiterate our stand that DNA testing is a valid means of
determining paternity.
WHEREFORE, in view of the foregoing, the petition is hereby DENIED. The Court
of Appeals decision dated January 28, 2004 in CA-G.R. SP No. 80961 is hereby
AFFIRMED in toto.
Costs against petitioner.
SO ORDERED.
Panganiban, (Chairman), Sandoval-Gutierrez, Carpio-Morales, and Garcia,
JJ., concur.

[1]
Under Rule 65 of the Rules of Court.
[2]
CA Decision dated January 28, 2004 in CA-G.R. SP No. 80961, penned by Associate Justice Martin S.
Villarama, Jr. and concurred in by Associate Justices Mario L. Guaria III and Jose C. Reyes, Jr. of
the Seventeenth Division;Rollo, pp. 32-39.
[3]
CA Resolution dated March 8, 2004 (affirming the January 28, 2004 CA Decision) in CA-G.R. SP No.
80961, penned by Associate Justice Martin S. Villarama, Jr. and concurred in by Associate
Justices Mario L. Guaria III and Jose C. Reyes, Jr. of the Seventeenth Division.; Rollo, pp. 41-43.
[4]
Resolution dated November 8, 2002 and order dated February 5, 2003 in Civil Case No. Q-02-46301,
both penned by Presiding Judge Natividad Giron Dizon of the Regional Trial Court of Quezon City
Branch 106; Rollo, pp. 157-159 and 171-172.
[5]
Docketed as Civil Case No. Q-02-46301. Rollo, pp. 55-60.
[6]
Rollo, pp. 55-60.
[7]
Rollo, p. 103.
[8]
Rollo, p. 104.
[9]
Rollo, p. 105.
[10]
Rollo, pp. 101-109.
[11]
Rollo, pp. 111-114.
[12]
Rollo, pp. 132-137.
[13]
Rollo, pp. 138-139.
[14]
Rollo, pp. 140-143.
[15]
Rollo, pp. 10-11 and 21.
[16]
Nicanor G. de Guzman, Jr. v. CA, et al., G.R. No. 92029, 20 December 1990, 192 SCRA 507.
[17]
Art. 283. In any of the following cases, the father is obliged to recognize the child as his natural child:
(1) In cases of rape, abduction or seduction, when the period of the offense coincides more or
less with that of the conception;
(2) When the child is in continuous possession of status of a child of the alleged father by the
direct acts of the latter or of his family;
(3) When the child was conceived during the time when the mother cohabited with the supposed
father;
(4) When the child has in his favor any evidence or proof that the defendant is his father.
(5)
[18]
Art. 265. The filiation of legitimate children is proved by the record of birth appearing in the Civil
Register, or by an authentic document or a final judgment.
[19]
SECTION 1. Venue. Where judicial approval of a voluntary recognition of a minor natural child is
required, such child or his parents shall obtain the same by filing a petition to that effect with the
Court of First Instance of the province in which the child resides. In the City of Manila, the petition
shall be filed in the Juvenile and Domestic Relations Court.
[20]
G.R. No. 95299, 9 June 1992, 209 SCRA 665.
[21]
319 Phil. 128 (1995).
[22]
336 Phil. 741 (1997).
[23]
G.R. No. 125901, 8 March 2001, 354 SCRA 17.
[24]
G.R. No. 144656, 9 May 2002, 382 SCRA 192.
[25]
G.R. No. 125938, 4 April 2003, 400 SCRA 584.
[26]
G.R. Nos. 161434, 161634, and 161824, 3 March 2004.
[27]
G.R. No. 150224, 19 May 2004.
[28]
People v. Gallarde, 382 Phil. 718 (2000).
[29]
People v. Rondero, 378 Phil. 123 (1999).
[30]
U.S. v. Tan Teng, 23 Phil. 145 (1912).
[31]
Villaflor v. Summers, 41 Phil. 62 (1920).
[32]
U.S. v. Ong Siu Hong, 36 Phil. 735 (1917).
[33]
U.S. v. Salas, 25 Phil. 337 (1913).
[34]
109 Phil. 273 (1960).
[35]
Supra.
[36]
354 Phil. 948 (1998).
[37]
Republic v. Sandiganbayan, et al., G.R. No. 104768, 21 July 2003, 407 SCRA 10; People v. Valdez,
363 Phil 481 (1999); Aniag v. Comelec, et al., G.R. No. 104961, 7 October 1994, 237 SCRA
424; MHP Garments v. CA, et al., G.R. No. 86720, 2 September 1994, 236 SCRA
227; 20th Century Fox v. Court of Appeals, et al., No. L-76649-51, 19 August 1988, 164 SCRA
655; People v. Burgos, 228 Phil. 1 (1986); Villanueva v. Querubin 150-C Phil. 519 (1972).
[38]
Waterous Drug v. NLRC, et al., 345 Phil. 982 (1997); Zulueta v. CA, et al., 324 Phil. 63 (1996).
[39]
Greco v. Coleman, 615 N.W. 2d 218 (Mich. 2000).
[40]
181 Misc 2d 1033 (1999).
[41]
NYSCL, Ch. 686, Article 5, Part 1, Section 516.
[42]
NYSCL, Ch. 686, Article 5, Part 3, Section 532.
[43]
752 So. 2d 1019 (Miss. 1999).
[44]
273 AD 2d 919 (NY 2000).
[45]
Supra.
[46]
MCLA 722.716 6.
[47]
757 So. 2d 992 (Miss. 2000).
[48]
615 N.W. 2d 533 (ND 2000).
[49]
620 N.W.2d 606 (SD 2001).
[50]
842 So. 2d 527 (Miss. 2003).
[51]
843 So. 2d 720 (Miss. 2003).
[52]
Section 1, Rule 65, Rules of Court.
[53]
G.R. No. 129368, 25 August 2003, 409 SCRA 455.

How much does a DNA test cost?

When and how can I pay?
What if the alleged father doesnt want to give his DNA sample but a member of his family is
willing to?
How soon will I get my test results?
How does a paternity test work?
How accurate is the paternity test?
Can a paternity test be performed without the mother?
Will the DNA test kit arrive discreetly?
Can my DNA paternity test be used in Court?
What is the chain of custody procedure?
What does a DNA Paternity test look like? How can I interpret the results?
From what samples is it possible to extract DNA?
Is it possible to do DNA tests on hair samples?
Is it possible to do infidelity testing by DNA analysis?
Why is it important to chose an ISO 17025 accredited laboratory?
How long can the DNA samples be kept?
What will my paternity test result look like?
How much does a paternity test cost?
How much does a DNA test cost? Back to top Prices depend on the test you require as
well as the number of participants, please refer to the pricing information on our order and
price list page.
When and how do I pay? Back to top Payment is made when ordering your test. We
accept payment by either MasterCard or Visa. Payment can also be made by personal
cheque, bankers draft or bank deposit to our bank account. You can also collect your DNA
kit and pay cash in person at our reception but only with prior notice by arranging an
appointment. homeDNAdirect also offers you the option of paying a smaller amount as a
deposit, however the full amount must be paid before testing can commence. Kindly contact
us directly to discuss your preferred payment option.
What if the alleged father doesnt want to give his DNA sample but a member of his
family is willing to? Back to top
It is possible to carry out DNA testing if a relative of the alleged father is available (e.g.
avuncular or grandparentage testing). If only the child and relative of alleged father are
tested, the results may not be completely conclusive. We always recommend including the
mothers DNA sample for this type of testing, as the results will be more conclusive. Please
refer to our DNA relationship testing section for more information on relationship testing.
How soon will I get my test results? Back to top
Once your samples are received by the laboratory, the results for most DNA tests will be
ready within 5 to 7 working days. If you select the express option your Paternity Test results
will be available in 2 working days after the samples reach the lab. Discreet samples such
as hair, chewing gum, cigarette butts etc can take a little longer but normally results will be
available within the 5 -7 day time-frame. Please note that other types of DNA testing such
as ancestry, mtDNA, X chromosome and baby gender testing have a longer turn-around
time.
How does a Paternity Test work? Back to top
Genetic testing identifies the unique genetic profile of an individual. The genetic profile of a
child is inherited partly from the father and partly from the mother. By comparing the childs
genetic profile with that of the alleged father, a DNA paternity test determines whether this
person is the real biological father or can be excluded. The test is performed through our
DNA testing kit we supply on order and the samples are taken according to the DNA sample
collection guide provided in the kit and on our website.
How accurate is the paternity test? Back to top
homeDNAdirects paternity test is extremely powerful in answering questions of parentage.
Since we use 21 different genetic markers to build the genetic profile, our test is 100 times
more accurate than that required in court. The results guarantee minimum probabilities in
excess of 99.99%.
Can a paternity test be performed without the mother? Back to top
Yes, a paternity test can be carried out with just the child and the alleged father. However if
the mothers sample is available we recommend to include them as it strengthens the result.
Will the DNA test kit arrive discreetly? Back to top
Yes. The DNA collection kit will be sent to you in a plain envelope, not marked with our
company name. We also include a plain addressed envelope for you to send the samples
back to us in. homeDNAdirect can service clients anywhere in Ireland including the
counties of Antrim, Dublin, LondonDerry, Galway, Down, Donegal, Tyrone and Wexford.
Can my DNA test be used in court? Back to top
This kind of test requires additional proof of identity and needs to follow a strict chain of
custody process including third party sample collection and verification. The peace-of-
mind/home paternity test is not legally admissible since the sampling process does not
follow these procedures. This test is therefore valid for informative purposes only.
What is the Chain of Custody procedure? Back to top
Chain of custody refers to the proper management or control of the DNA samples
throughout the testing process. First, it requires a neutral third party to verify the identity of
the individuals being tested and collect their DNA samples. Following that, the DNA
samples and appropriate paperwork (including signed copies of identification papers) need
to be delivered to the testing location ensuring that they have not been tampered with.
Finally, the DNA laboratory performing the test needs to ensure they handle the DNA
samples and paperwork correctly by tracking and documenting the DNA samples
throughout all of the testing process. If the procedures are followed correctly, this will allow
the laboratory to issue notarized test results that can be stand up in court.
In contrast, in the at-home or curiosity DNA tests, the samples are taken by the clients
themselves and therefore there is no independent verification of the DNA samples. Hence,
the laboratory is not able to confirm the identity of the individuals doing the test.
How can I interpret the result? Back to top
In our understanding your DNA results section, we have provided comprehensive
information on how to interpret the results. You may view a sample paternity test result if
you wish to see the actual format and terminology used for this test and other DNA tests.
From what samples is it possible to extract DNA? Back to top
Contrary to what most people think human DNA cannot be extracted from any body fluid or
tissue. There are specific samples that we accept (e.g. saliva, semen, blood, hair, nails
etc.) These samples have the possibility of containing the DNA required to proceed with
testing. DNA can also be extracted from any item that is contaminated with certain body
fluids (chewing gum, cigarette butts, sanitary towels etc.) Please refer to our forensic DNA
samples section and review our discreet sample price list to see what is acceptable for DNA
testing. It is important to consider the success rate of each discreet sample, samples with
the highest success rate (e.g. used Kleenex tissue) are have a much better chance of
working. Submission of more than one sample might be required in order to obtain the
required amount of DNA. Please note that there is an additional charge, displayed beside
each sample, for this type of testing.
Is it possible to do DNA tests on hair samples? Back to top
For a DNA extraction from a hair sample it is best if the hair is freshly pulled out/ taken from
the head and that the hair follicle is still intact to the hair strand to get the best extraction
results. The results from non-standard samples (as hair) depend very much on the condition
of the sent sample. For example if hairs are sent, it is best if more than 5 hairs with root are
pulled out from the head and sent for testing (hair without a root or shed hair do not give
good results).
Is it possible to do infidelity testing by DNA analysis? Back to top

Through our advanced testing techniques and forensic capabilities we are able to identify
suspected unfaithfulness of a partner or spouse through DNA testing. We can analyse any
type of garment, sheet or item that has a suspicious biological stain or substance. We then
run a DNA extraction and determine the presence of both male and female DNA within the
same stain. We are even able to compare the DNA found against a reference sample
(usually being your own oral swab) to determine if the unknown DNA is your own or
somebody elses. For this type of testing we highly recommend that you contact our
customer support. You can request a free call back here.
Why is it important to chose an ISO 17025 accredited laboratory? Back to top
A Laboratory with an ISO 17025 accreditation uses criteria and procedures specifically
developed to determine technical competence. Specialist technical assessors conduct a
thorough evaluation of all factors in a laboratory that affect the test analysis or calibration of
the data. Laboratory accreditation bodies use this standard specifically to assess factors
relevant to a laboratorys ability to produce precise and accurate data calibration and
results. This ensures that your test result is the most precise and accurate one you could
obtain.
How long can the DNA samples be kept? Back to top
The DNA found in cells in your saliva could maintain its integrity for a couple of weeks. This
is provided that the samples are collected correctly (following the guide on our website and
in our kit). Obviously the DNA sample has to be stored properly. If saliva swabs are used,
its important to leave swabs to dry completely before being placed in an envelope. They
also need to be placed in a dark and dry place. Other types of samples can keep for
different periods of time. We have had many successful cases where we were able to
extract DNA from samples that are years old. We are unable to guarantee the success of
this extraction in advance and testing is at your own risk. The fresher the sample is the
higher the chance of successful extraction.
What will my paternity test result look like? Back to top
Your paternity test result will display the 21 genetic marker profile for each test participant.
The result will also show the probability of paternity which will either be an inclusion or an
exclusion. To learn more about the terms and expressions we use in these DNA tests, why
not read our understanding your results page.
How much does a paternity test cost? Back to top
The cost of a paternity test is of 179. There are no extra fees.
requently Asked Questions
Our most commonly asked questions are addressed below.
Accreditation Legal vs. Non- Legal
Motherless Testing Confidentiality
Prenatal Paternity Testing Reliability
Specimen Collections False Positives
Identifying who was tested Related Alleged Fathers
TV vs. Reality Should we test?

Why is accreditation important?

DNA relationship testing is not regulated by a government agency. Accreditation is the only
safeguard a private individual has to know that a paternity testing laboratory is performing sound and
accepted scientific methodology. (New York Residents: Accreditation is required by your state
agency for all testing in New York).
Paternity Testing Corporation is accredited by the American Association of Blood Banks, FQS/ ISO
17025 and the New York State Department of Health. Paternity Testing Corporation also participates
in proficiency multiple times per year with the College of American Pathologists, Forensic Quality
Services and the New York Department of Health. More information on Accreditations.
Back To Top
Why does mom need to be tested (since we already know she is the mother)?
Children receive half of their DNA from their mother and half of their DNA from their father. By
comparing the mother's DNA and child's DNA we can tell which parts of the child's DNA came from
the mother, because they match exactly. This lets us know that the remaining part of the child's DNA
came from the biological father---so we know what to compare to the tested man. But without mom,
we cannot eliminate part of the child's DNA. So even if the tested man is matching part of the child's
DNA, we don't know if he is matching parts that came from the biological father, or from the mother.
Without the mother, there is a greater chance that even if the DNA tested man is matching the child's
DNA the matches could be random and the man might not really be the child's biological father.

In order to ensure the accuracy of a motherless DNA paternity test, it is often necessary to perform
additional and/or more discrimination DNA testing. Paternity Testing Corporation provides the same
high guarantee on a motherless DNA paternity test as a paternity test that includes the mother. In
order to obtain this high degree of reliability additional DNA testing may be necessary and the
paternity test may take longer.

Back To Top
Can a paternity test be performed before the baby is born?
Yes. There are several ways to perform paternity testing before the child is born. See our prenatal
page for a description of the different choices.
The mother's doctor can perform an amniocentesis or CVS procedure to extract a sample from the
baby during pregnancy (usually after 12 weeks) or instead utilize a non-invasive method using the
mother's blood to get the baby's sample. The sample is then sent to the laboratory to provide the
child's DNA for paternity testing.

There can be significant cost to perform the amniocentesis. More importantly, the amniocentesis
presents medical risks to the mother and the child. You should discuss those risks with your doctor.
Because of those risks, most doctors prefer not to perform an amniocentesis unless there are medical
reasons requiring the procedure. If the mother is going to have amniocentesis for medical reasons,
then a paternity test can also easily be performed.

Another method that can be used is Chorionic Villus Sampling (CVS). This method of testing has
increased risk (including birth defects), but can be performed a few weeks earlier than an
amniocentesis. If CVS is going to be performed for medical reasons then it can also be used for
paternity testing.

A non-invasive test can be performed as early as 9 weeks and requires a blood collection from the
mother.

Back To Top
We live in different cities. Do we all have to be tested at the same place?
There is no need for everyone to be in the same city in order to be tested. We can have the specimens
collected anywhere in the country (and most places in the world). For example, if the mother and
child live in Atlanta they would go to DNA paternity laboratory there to have their specimens
collected and if the alleged father lives in San Francisco then he would go to a DNA paternity
laboratory in San Francisco to have his specimen collected. All 3 specimens will be shipped to our
DNA paternity testing laboratory overnight and the paternity test will begin once we receive all
specimens.

Back To Top
We are not giving our specimens at the same time. How do I know the right person was tested?
In addition to checking photo identification an instant photograph is taken of everyone paternity
tested. A right thumbprint is also taken on the DNA tested adults.
Occasionally an "imposter" will come in for a DNA paternity test. Most often when this occurs the
alleged father sends a friend in to have his DNA specimen taken. When this happens the mother can
look at the photograph and tell us that the man DNA tested was not the alleged father.

Often the alleged fathers worry that even though they can identify the mother, they may have never
seen the baby or it may have been several years since they saw the child. They want to know how we
can be sure we are testing the right child. In the case of an infant, it would not be possible for the
mother to bring in someone else's baby because the test will show that it is not her child. In unusual
cases it may be necessary to take extra precautions to ensure that the right child is tested. It may be
necessary to have the child's DNA specimen taken in front of an attorney or doctor or other credible
person who can verify the identity of the child.

Back To Top
Why does the test takes so much longer than on TV?
There are two types of television shows that portray DNA testing and neither gives a very clear
picture of what really happens.

The first type is talk shows, shows like Jerry Spinger and Montel Williams (both of which Paternity
Testing Corporation has performed DNa paternity testing for). In these shows, it often appears that
participants are DNA tested and the paternity test results seem instantaneously available. In actually,
these shows are often filmed several days after the DNA testing specimens were collected and the
results are available prior to the filming of the show.

The second type is television drama, shows like CSI and Law and Order. These shows often portray
the collection and results of DNA evidence that is not suitable for DNA testing as well as results in
minutes from the time of submission to the laboratory. In reality, normal STR DNA testing can be
completed in days under average circumstances and you need to ask about DNA sample types before
you submit anything to a DNA paternity testing laboratory (Example: Cut hair is not a good sample).

Most people needing DNA testing do not have a DNA paternity testing laboratory close enough to
them to have their samples collected at the site where the DNA paternity testing will actually take
place. Therefore, the samples must be shipped by overnight courier to a DNA paternity testing
laboratory who will begin DNA testing after they receive the samples. Sometimes this is the day after
collection or can be even later if you are collected on a Friday or late in the day. Once the samples
are received at the DNA paternity testing laboratory, DNA testing begins and results are usually
available in approximately 3 working days.
Back To Top
Should we have a legal or a non-legal test?
What Makes a Paternity Test Admissible in Court?

A legal DNA paternity test should be performed if the paternity test report will be used for any legal
purpose. This would include establishing paternity for Social Security, child support, inheritance,
health insurance, or any other time that proof of paternity is necessary.

A non-legal DNA paternity test may be used when the information is only for personal informational
purposes. There are a variety of circumstances when a non-legal paternity test is adequate. An adult
child may wish to verify that the man who raised them is truly their biological father, or a legal father
of a child may be less than certain that the child is truly his biological child, or any time that the test
will not be used to establish identity or for a legal purpose. A non-legal DNA paternity test is for
personal knowledge only. It is of no use for legal purposes.

To be admissible in court a DNA paternity test must meet two requirements.

First, the test must be performed by a DNA paternity testing laboratory that is accredited by the
American Association of Blood Banks (AABB).

Second, the DNA specimens used in the DNA ppaternity test must have been collected, shipped and
stored in a manner that establishes a good chain of custody for the specimens. This allows the DNA
paternity testing laboratory to prove that the individuals whose names appear on the paternity test are
truly the individuals who provided the DNA samples that were DNA paternity tested.

The chain of custody begins with the DNA specimen collector attaching a picture of the collected
individuals to the form used to collect the DNA specimens (often referred to as a Specimen
Collection Form or Chain of Custody Form). The DNA collector also checks a photo ID such as a
drivers license, and takes a thumbprint of the DNA tested individuals. Additional procedures may
also be followed. The specimens must then be shipped to the paternity laboratory and stored at the
laboratory in a manner that ensures the security of the specimens.
Back To Top
What Makes a Paternity Test Acceptable for Other Official Purposes?

Even if you do not want to use your DNA paternity test in court, you may need it for other official
purposes. For example, you may need it in order to obtain Social Security benefits for the child, or to
have the child placed on the fathers health insurance, or to change or add the fathers name on the
childs birth certificate. For various agencies to accept your DNA paternity test results, the DNA
paternity test will usually need to meet the same requirements as if you were going to have the DNA
paternity test admitted in court.

Back To Top
Why Obtain an Official Paternity Test rather than a Home Test?

Even if you do not intend to use your DNA paternity test in court, circumstances may change and
you may want to use it in court at a later time. Also, you may eventually need an official paternity
report for such things as health insurance or Social Security benefits. Whenever possible, it is much
better to have the specimens collected in a way that allows the test to be used as an official document
if necessary. In that way you avoid having to pay for another DNA paternity test whenever the need
for an official DNA paternity test arises.

Back To Top
Is the test confidential? Who can get the results?
The DNA paternity test is completely confidential. The mother of the child and all adults DNA
paternity tested are entitled to receive the results of the DNA paternity test, as well as copies of the
pictures of everyone who was DNA paternity tested. The only other people who can get results of the
DNA paternity test are those designated by the DNA tested adults or a legal guardian of a DNA
tested minor child. For example, the mother and alleged father may want DNA paternity results sent
to their attorneys.

No one else can get any information about the DNA test. They can not even find out whether an
individual was DNA paternity tested, unless we have permission from a DNA tested individual to
give out that information. However, if Paternity Testing Corporation receives a subpoena or court
order to produce documents, we are obligated to comply.

The mother and alleged father are not able to receive personal information about each other. For
example, Paternity Testing Corporation will not give the mother information such as the alleged
father's social security number or address.

Back To Top
Can the test give the wrong result?
Yes, the DNA test can give the wrong result. Paternity Testing Corporation takes many extra
precautions to prevent this from happening. As far as we know, we have never given out a wrong
result.

If the child and the DNA tested man do not match at three or more tested DNA locations, then the
tested man can not be the biological father of the child. If all of the parties samples were not
collected at the same time, requesting to see the photographs of the other parties may be prudent to
ensure the correct people were DNA paternity tested.

On the other hand, when the alleged father and child have matching DNA, the alleged father is not
the only one who could be the biological father of the child. The test only determines how likely or
"probable" it is. The higher the probability of paternity or paternity index, the more certain it is that
the DNA tested man is in fact the child's biological father.. Click here to see more information on
Avoiding Erroneous Results.

Back To Top
Why does a higher probability of paternity matter?
AABB accredited laboratories are only required to DNA paternity test to a 99% probability of
paternity. A DNA paternity test at a 99% probability of paternity has identified a DNA genetic
pattern that, on average, 1 out of every 100 men would have. Thus many people have this same
pattern and would show the same result on the DNA paternity test. At this level of reliability a DNA
paternity test would give the wrong result (a "false positive") for 1 out of every 100 non-fathers who
are DNA tested.

Paternity Testing Corporation guarantees a minimum probability of paternity of 99.99% on every

DNA paternity test (motherless and mutations included). At a 99.99% probability of paternity, on
average the identified DNA genetic pattern will fit no more than 1 in every 10,000 men. Most of our
DNA paternity tests are even more discriminating than that.Avoiding Erroneous Results or How to
choose a Paternity Laboratory.

Back To Top
Do I need to test both alleged fathers if they are brothers?
Yes. If there is more than one possible father of the child and the possible fathers are closely related
to each other, then it is very important to DNA test them both. This would be true, for example, if
two potential fathers are related to each other as brothers or as father and son. The DNA paternity test
of a single alleged father only identifies a probability of paternity for that alleged father compared to
other unrelated men. If two possible fathers are closely related, then their DNA genetic makeup can
be very similar, and they could easily both receive a positive DNA paternity test result (alleged
father's that are identical twins will either both match the child or both be excluded). Except for
identical twins, the laboratory will continue testing until one of the alleged fathers is excluded (at no
extra charge). If only one of the related alleged fathers is available, the client can pay the laboratory
to perform additional DNA paternity testing in order to establish a likelihood that the DNA tested
man is the biological father as opposed to the unavailable relative. But it is best to DNA test all
related parties who could be the father of the child.

Back To Top
Is taking a paternity test a good idea?
There are a wide variety of reasons to have DNA paternity testing done. Many DNA tests are
performed on newborns. Sometimes there is more than one candidate for fatherhood. Sometimes the
mother knows who the father is, but the father wants to be sure. In other cases the parties may know
who the father is, but need to have official proof. This can happen if the parties were not married at
or near the time of the child's birth. Official proof may be required for many reasons including health
insurance, Social Security benefits, child support, child custody, visitation, adoption, immigration or
inheritance.

A DNA paternity test is not always a good idea. You should consider all of the possible
consequences before deciding to take the DNA paternity test.

For example, it sometimes happens in the heat of an argument that a mother will tell a presumed
father for the first time that he is not really the child's father. Some men pursue a DNA paternity test
to find out. But if the man loves the child, has a good relationship with the child, and intends to
continue to love and support the child even if proved not to be the biological father, then a DNA
paternity test is probably a bad idea.

Some men rationalize that they just need to know. They say it will not affect their relationship with
the child, and they won't ever tell the mother they took the test, no matter how the test comes out.
Most often this is simply unrealistic.

If the DNA paternity test indicates that the man is not the child's biological father, then it may
subconsciously and unintentionally change his attitude and behavior toward the child. The DNA
paternity test results sometimes also slip out unintentionally in a heated argument with the mother, or
the mother may find the laboratory report, or may hear about it from someone the man has told. This
may even cause the mother to prevent a continuing relationship between the man and the child.
It is also possible that the child may somehow find out about the test. Learning that the man is not the
child's biological father may have a serious impact on the child's self-image, and the child's
assumptions about how the man feels toward the child. This can occur even if the man assures the
child that his feelings toward the child are unchanged. There are many other possible adverse
consequences of the paternity test in this situation. They depend, in part, on the individual facts of
each case.

Please carefully consider all of the possible consequences before deciding to take a DNA paternity
test. There are many possible reasons to take a DNA paternity test. But if you are a man who has
assumed that you are the child's father, and you and the child have a good loving relationship that
you want to continue, and if the only reason to take the paternity test is "because you have to know,"
then please carefully weigh the possible consequences before setting up a DNA paternity test. Please
think of the child's needs, and make the choice that best protects and promotes the incredibly
important relationship you have with your child.