What is the difference between legal and genetic paternity?
Legal paternity is determined by a court of law, while genetic paternity is determined by a DNA test. In Florida, legal paternity is established when a man acknowledges that he is the biological father of a child. This is done through signing a Voluntary Acknowledgement of Paternity (VAP) form or voluntary declaration of paternity form. Paternity can also be established legally when a man is adjudicated to be the father by the court during a paternity hearing. If the mother is married, then the husband is presumed to be the father and does not need to take a paternity test. Genetic paternity, on the other hand, is determined by a DNA test, which analyzes the genetic material of the father and the child to determine if the father is the biological father of the child. A DNA test must be requested by a party in order for the court to consider it as evidence. This is usually used when the mother is not married and is trying to establish who the father is. DNA testing is usually more accurate than a Voluntary Acknowledgement of Paternity form and is considered to be the gold standard when establishing paternity.
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