What is the difference between legal and genetic paternity?

The difference between legal and genetic paternity in West Virginia is quite significant. Legal paternity is established by a court order and is based on principles of law, while genetic paternity is based on scientific evidence from a DNA test. When it comes to legal paternity, a man can be declared the father of a child if he is listed as the father on the child’s birth certificate or if he has acknowledged paternity in writing and signed an affidavit. If a man does not agree to legal paternity he might go through a court hearing and a paternity test to decide if he is the biological father of the child. In West Virginia, family courts will also consider other factors when deciding legal paternity such as the length of the relationship between the individuals and the presence of other children from the same relationship. Meanwhile, genetic paternity involves performing a DNA test which looks for a specific set of markers within the child’s and alleged father’s DNA. If these markers match up, it can be scientifically proven that the man is the father of the child. In West Virginia, both parents can request a paternity test to determine who the biological father is of the child, but in some cases the court order may require the alleged father to sign an agreement to take a paternity test. Ultimately, legal paternity and genetic paternity are two different things in West Virginia. Legal paternity is established by a court order while genetic paternity is established through a DNA test.

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