When Paternity Is in Question, Every Detail Matters
Determining who a child’s legal father is can be a life-changing issue for everyone involved. In Oklahoma, DNA testing is the most reliable way to establish paternity when there is uncertainty or dispute. The results can affect child support, custody, visitation, and inheritance rights. Because these outcomes carry significant legal and emotional consequences, understanding how DNA testing works under Oklahoma law can help protect your rights and provide clarity during a difficult time.
Oklahoma’s laws set clear rules about how genetic testing must be done, who pays for it, and how the results are used in court. The Uniform Parentage Act (UPA) governs much of this process, ensuring that testing is accurate and fair. If you are involved in a paternity case, consulting a paternity attorney can help you navigate these steps and protect your interests.
How Genetic Testing Is Conducted and Paid For
Oklahoma courts usually order genetic testing early in a paternity case. The testing is typically done using a buccal swab, which collects cells from the inside of the cheek of the alleged father and the child. The mother’s sample is not always required but is recommended for the most accurate results.
The lab that performs the test must be accredited under Oklahoma law to ensure the results are reliable. Chain of custody rules also apply, which means the samples must be handled carefully to avoid tampering or contamination. Okla. Stat. tit. 10 §§ 7700-503, 7700-505.
If the Oklahoma Child Support Services (OCSS) is involved, the testing costs are minimal or may require no upfront payment. If OCSS is not a party, the court may require one of the parties to pay upfront or reimburse the costs later. Genetic testing usually costs between $300 and $500. Okla. Stat. tit. 10 § 7700-506.
The Impact of Test Results on Legal Presumptions
Once genetic testing is complete, the results are sent to the parties involved. Each party has fourteen days to object to the admission of the test results in court, but objections must state specific reasons why the test should be excluded. Okla. Stat. tit. 10 § 7700-621.
If the testing shows a 99% or higher probability that the alleged father is the biological father, Oklahoma law creates a “rebuttable presumption” that he is the legal father. This means the court will consider him the father unless further genetic testing proves otherwise or another man is identified as the father. Okla. Stat. tit. 10 § 7700-505. Without a valid objection or rebuttal, the court must legally recognize the man as the child’s father. Okla. Stat. tit. 10 § 7700-631.
When paternity is confirmed, the court can issue temporary orders for child support, custody, and visitation while the case proceeds. Okla. Stat. tit. 10 § 7700-624. This can have immediate financial and parental implications, so timely legal advice is critical. A Tulsa attorney experienced in these matters will be able to explain your rights and options clearly.
What Happens When Standard DNA Testing Isn’t Possible?
Sometimes, the usual testing with the mother, child, and alleged father isn’t possible. Oklahoma law provides alternatives in these situations. If the alleged father is deceased, the court may still order testing of samples from the father’s remains if available, such as those held by the medical examiner or police. Okla. Stat. tit. 10 § 7700-509.
If no specimen can be collected from the alleged father, the court can order testing of close relatives, like the father’s parents, siblings, or other children, if the court finds good cause. Okla. Stat. tit. 10 § 7700-508. If those relatives refuse testing, the court can require them to submit samples as third parties.
Unique circumstances like alleged fathers having identical twins complicate DNA testing. Because identical twins share nearly the same DNA, additional non-genetic evidence may be needed to determine which twin is the biological father. Okla. Stat. tit. 10 § 7700-510.
The Importance of Accurate Testing and Legal Support
Genetic testing laboratories in Oklahoma have a legal duty to perform accurate DNA tests. If a lab negligently reports incorrect results, affected parties may have legal recourse. For example, in Berman v. Laboratory Corporation of America, the Oklahoma Supreme Court confirmed that labs owe a duty of care to ensure their DNA testing is accurate because mistakes can lead to wrongful denial or imposition of parental rights and child support obligations.
Because of these stakes, it is vital to use accredited labs and carefully review test results and any objections. Working with a knowledgeable paternity attorney can help protect your rights and ensure the testing process complies with the law.
Contact a Tulsa Attorney Today
If you are facing a paternity issue and need guidance on DNA testing or your legal rights, Moms.Law is here to help. Understanding the legal process and potential consequences can be overwhelming, but you don’t have to face it alone. Call Moms.Law at (918) 770-7117 for compassionate advice tailored to your situation. The right legal support can make a difficult situation clearer and more manageable.