Most, if not all, states have a procedure for requiring parties in a paternity action to submit to blood tests and any other tests which reasonably prove or disprove the probability of paternity. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Iowa Motion of Plaintiff for Blood Test of Putative Father in Order to Help Determine Paternity and Notice of Motion - Court Ordered
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How to fill out Motion Of Plaintiff For Blood Test Of Putative Father In Order To Help Determine Paternity And Notice Of Motion - Court Ordered?
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You must get a court to "disestablish" you as the father of the child. Disestablishment means that the court says you are no longer the legal father. You can only get a court to disestablish you as the legal father during certain court proceedings.
DNA samples for testing are usually collected through a cheek swab, taken in court, a medical clinic, or a state-run child support office. The results are typically ready in 4-6 weeks and are presented to the court and involved parties.
Iowa Code section 600B. 41A provides a legal process for ?overcoming? (here referred to as ?disestablishing?) paternity. Iowa code section 598.21, subsection 4A sets requirements for contesting paternity during a dissolution of marriage proceeding.
The most common way to do the test is to use a ?buccal swab.? This means that a cotton swab is rubbed on the cheeks inside the mouth to collect a tissue sample. The tissue samples from the cotton swab are sent to a lab that specializes in genetic marker testing.
In a case to establish paternity, the court may, on its own motion or at the request of a party, require the child, mother, and alleged father to submit to blood or genetic tests. The party requesting testing must file a written motion with the clerk of court and provide copies to the opposing parties.
Most samples can be taken any time after the child's birth. The genetic testing vendor will file the results with the clerk of court. If the probability of paternity is 95 percent or higher, it creates a presumption that the alleged father is the biological father.
A petition to overcome paternity must be filed with the district court to initiate the disestablishment process. The mother of the child, the established father of the child, the child or the legal representative of any of these parties is eligible to file a petition to disestablish paternity.
There are two equally accurate ways to test for paternity: Blood tests: The potential father and child give blood samples at a medical office. The facility sends the samples to a lab for analysis. Cheek swabs: The potential father and child swab the inside of their cheeks for buccal (cheek) cells.
Thus, the development of paternity evidence involves both physical testing, through DNA or other biochemical markers, and probability calculations using the laws of probability.