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If testing establishes the man as the biological father, he may voluntarily execute an acknowledgment of paternity which states that genetic testing established that he is the father of the child. The acknowledgment must also contain certain other information in the proper legal form. Since executing such an acknowledgment has serious long term consequences, it is advisable to consult an experienced family law attorney. In the absence of agreement, the process is begun by filing a Petition to Adjudicate Paternity. Just as in any other law suit, the court issues a citation which is attached to a copy of the Petition and personally served on the Defendant by a process server or constable. Genetic testing is ordered by the court and if the man is found to be the child’s father, the court will issue orders establishing the man as the father, setting up visitation, and child support. He will also be ordered to carry health insurance on the child or to reimburse the child’s mother for the actual cost of the insurance if she has access to insurance. Failure to comply with the court’s order for genetic testing is punishable as a contempt of court. The non-complying party may be subject to a fine, court costs, attorney’s fees and possible jail time. If the testing establishes the man as the father, failure to appear for the hearing to establish child support and possession and access to the child will result in the court signing a default judgment which may contain terms unacceptable to the non-complying man. Refusal to comply with a court order requiring genetic testing may result in the court adjudicating parentage without the testing. If the man is unavailable, the court has the authority to order his parents, brothers, sisters or other family members to submit to testing. While genetic testing rebutably establishes particular man as the biological father, this presumption may be rebutted by other genetic evidence. In rare cases, the genetic samples initially gathered may have become contaminated and yielded inconclusive results. In such a case, the court will order further testing. A party contesting the results of genetic testing may call expert witnesses to rebut the test results. Under certain circumstances the court may deny a motion for an order for genetic testing. The law provides for a number of factors that the court may consider in denying such a motion, the building principle remains the best interests of the child. Where the child is living in a family setting and has bonded with a person they consider to be their parent, the courts are reluctant to interrupt an already recognized and operative parent-child relationship. This is particularly true where the child has lived in a stable home environment for a long period of time.
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This issue most often arises in situations where the parties cohabitated or had a short term relationship and a child was conceived. Parties may informally agree to undergo testing by choosing one of the many services that offer genetic testing. These services require that the parties appear with the child and valid photo indentification and they are then fingerprinted prior to testing. The testing procedure is quite simple; the inside of each person’s cheeks are wiped with a cotton swab to collect cells. The swabs are then placed in a sterile container and sent off to a laboratory where the genetic material is extracted and processed. The law in Texas requires a 99% accuracy rate; that is, there must be a 99% probability that the man is the father of the child. Results are usually available within a week.