Is paternity established through a court or via DNA testing?

In West Virginia, paternity is established through either a court or via DNA testing. When it comes to initiating a legal process, either the mother or father of the child can file a petition in family court to establish paternity. The court will review the evidence provided and decide whether paternity is established. Alternatively, an individual may request a DNA test to determine the biological father of the child. The test requires swabbing the inside of the cheek of both the mother and the putative father to collect saliva samples. These samples are then sent to a lab for testing. If the mother and putative father are not available for testing, other family members such as grandparents may be used instead. The lab will then compare the genetic markers in the samples and use a probability statistic to determine the likelihood that the putative father is the biological father of the child. Paternity is an important piece of recognition and legal status for a child, so establishing paternity is key. In West Virginia, although the court is the primary way to establish paternity, the use of DNA testing can provide a more accurate result.

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