Can paternity be established without a DNA test?

Yes, paternity can be established without a DNA test in West Virginia. Under West Virginia law, paternity can be established by a court order based on an agreed acknowledgment of paternity signed by both the mother and alleged father. This is referred to as an "acknowledgement of paternity" and the couple can get the form from any state agency, hospital, birthing facility or vital records office. In addition, West Virginia allows for a court to presume paternity in certain cases, such as when a father is married to the mother when the child is born, or when the father was living with the mother when the child was born. The court may also assume paternity when a man provides support for a child or when a man is listed on the birth certificate. Finally, if the parties do not agree, West Virginia courts can also order genetic testing to establish paternity. If the DNA tests show a 99.5% or higher probability that the man is the father then paternity is established for all legal purposes.

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