April 2010 Archives

Pennsylvania Paternity Acknowledgement and Paternity Testing

The following information is meant only to offer initial guidance to a new mom or new dad in the State of Pennsylvania. It is strongly suggested that you consult with your own attorney or contact a local legal services offices for further guidance on the issue of establishing paternity.

The DNA Lady offers accredited DNA testing with results provided in 3 business days. You have the option of coming to our private office (just 30 minutes north of Philadelphia) and completing a Court Admissible or Chain of Custody DNA Test to determine paternity or a Simple Peace of Mind Test to confirm/deny paternity. After years of offering DNA tests to families throughout the Northeast, we have seen DNA testing companies come and go. We recommend whatever DNA testing facility you engage that you question their accreditations and what happens if you need follow up in 5 years. We also recommend that your DNA testing facility provide you with a local office - not a home based business or a local laboratory that does independent collections Find someone who will answer your initial questions, perform your collection and then answer your follow up questions once you receive results.

Pennsylvania Paternity Determination Law Title 23, Part V, Ch.43, SubCh. C, § 4343.

Determination. - Where the paternity of a child born out of wedlock is disputed, the determination of paternity shall be made by the court in a civil action without a jury. A putative father may not be prohibited from initiating a civil action to establish paternity. The burden of proof shall be by a preponderance of the evidence. Bills for pregnancy, childbirth, postnatal care related to the pregnancy and genetic DNA testing are admissible as evidence without requiring third-party foundation testimony and shall constitute prima facie evidence of amounts incurred for such services or for testing on behalf of the child. If there is clear and convincing evidence of paternity on the basis of genetic tests or other evidence, the court shall upon motion of a party issue a temporary order of support pending the judicial resolution of a dispute regarding paternity. The Supreme Court shall provide by general rule for entry of a default order establishing paternity upon a showing of service of process on the defendant and a subsequent failure to appear for scheduled genetic testing.

Limitation of actions.

• An action or proceeding under this chapter to establish the paternity of a child born out of wedlock must be commenced within 18 years of the date of birth of the child.
• As of August 16, 1984, the requirement of paragraph (b)(1) shall also apply to any child for whom paternity has not yet been established and any child for whom a paternity action was brought but dismissed because of a prior statute of limitations of less than 18 years.

Genetic tests.

• Upon the request of any party to an action to establish paternity, supported by a sworn statement from the party, the court or domestic relations section shall require the child and the parties to submit to genetic tests. The domestic relations section shall obtain an additional genetic DNA test upon the request and advance payment by any party who contests the initial test.
• Genetic test results indicating a 99% or greater probability that the alleged father is the father of the child shall create a presumption of paternity which may be rebutted only by clear and convincing evidence that the results of the genetic tests are not reliable in that particular case.
• To ensure the integrity of the specimen and that the proper chain of custody has been maintained, the genetic tests of the biological mother, the child or children in question and the alleged father should be conducted by an established genetic-testing laboratory in the course of its regularly conducted business activity, and certified records should be issued. The certified records shall be admissible into evidence without further foundation, authentication or proof of accuracy if no objection is made within ten days prior to trial. The laboratory must be certified by either the American Association of Blood Banks or the American Association for Histocompatibility and Immunogenetics. The DNA Lady's DNA Tests are all performed by aaBB, CAP, CLIA, NYSDOH, FQS-I and ISO/IEC17025 accredited laboratories. The DNA Lady's insistence on using only accredited laboratories provides you with reliable and accurate DNA tests.
• If the court or domestic relations section orders genetic testing, the domestic relations section shall pay the cost of the test, subject to recoupment from the alleged father if paternity is established. Most court ordered DNA collectors then enter all the information collected at the DNA test, on both married and unmarried parents into a database that is matched against the Automated Child Support Enforcement system. The data is scanned on a weekly basis.
• A determination of paternity made by another state, whether through judicial proceedings, administrative proceedings or by acknowledgment of paternity, shall be given full faith and credit in the courts of this Commonwealth. The DNA Lady can offer you a complete Chain of Custody, Court Admissible and fully accredited DNA test.  If you chose to then take the information to court to pursue child support or child visitation it will then be at your own will and not that of the State.
• A determination of non paternity made by another state with respect to a public assistance recipient shall not be binding upon the Department of Public Welfare unless the defendant shows that the department had actual notice of the proceedings, including the date and time of any trial, and a fair opportunity to participate in all material proceedings through counsel of its own choice.

April 25 is National DNA Day, a day created to commemorate the completion of the Human Genome Project in 2003, and to commemorate the discovery of DNA's double helix structure.

How important is this?  To some families, it could mean life or death.  Recently reported in Forbes magazine, a 5 year old boy was diagnosed in Turkey with Bartter' syndrome which is a potentially fatal kidney disorder that afflicts one in 100,000 babies.  In order to confirm the local doctor's diagnosis they sent a blood sample to Yale Medical School.  Rather than confirm if the Turkish doctor's diagnosis was correct, the geneticist went a step further a deciphered the DNA letters for all the baby's genes.  Just a few years ago, such extensive gene sequencing would have been too expensive and time consuming.  The baby's gene scan revealed that the problem was not Bartter's but something else called congenital chloride diarrhea, which also lower salt levels.  The baby, now doing better on a speical diet, was treated with the proper drugs for his condition.  This is one of the first cases where results of DNA gene sequencing altered treatment of a patient.  Gene sequencing will be a final or last resort to try and identify causes of diseases and with the introduction of two new systems, the cost to sequence a whole genome may be reduced to just below $3,000. by year end.  The use of DNA sequencing has not yet been approved for medical testing and insurance won't pay for sequencing but there are those who are willing to state that soon a DNA sequence will cost less than an MRI and certainly will more information to improve care. 

Predictive genetic tests are already on the market for consumers.  Your local DNA collector, who, heretofore has been collecting DNA for family relationship testing such as paternity, grand paternity, maternity, siblingship or as a meansure of additional security offering Child Safety Identification, can now offer to private consumers a predictive genetic screen describing the client's lifetime risk vs. the population risk to succumb to more than 25 autoimmune and other diseases.  A simple call to your local DNA collector and within a week, you could be on  your way to a healthier and better quality of life.  Knowledge is power and if you are strong minded enough to know your risk you can develop a lifestyle that can perhaps delay or eliminate diseases.  It is very important to understand that having a risk does not always translate into getting full blown symptoms of a disease.  Your environment plays a very big role in the development of a disease.

Sequencing tumors in cancer patients have enabled doctor's to switch medicines that disable the growth of certain proteins, thereby shrinking the tumor. This DNA Stuff - there's just so much to talk about - it is not always  baby daddy drama.

However, DNA sequencing takes shape in the future, local New Jerseyians and private consumers in the Metropolitan area have a local DNA collector to offer t hem insight into their own genetic risks and that information along with advice from your doctor may be the key to the sandwich generation and their offspring's better quality of life. 

 

IRS Tests to be a qualifying child:

1.)  the child must be your son, daughter, step-child, eligible foster chidl, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.  If for any reason, you do not have the proper birth certificates, marriage certificates, documents to prove the biological relationship to a child, check with your local DNA collector who can advise you if a proper DNA testing is available to confirm any biological relationship.

2.)  The child must under age 19 at the end of the year; or under the age of 24 and a full time student or any age if permanently and totally disabled.  Do you want to know if you or other family members are predisposed (carrying a higher risk than the population) for certain diseases or conditions based on your DNA?  Call your local DNA collector and find out what type of tests are offered - knowledge is power - educate  yourself on your alternatives to a a healthier and better quality of life.

3.)  The child must have lived with you for more than half of the year - always maintains documents and receipts in support of your claims.  There is an exception for certain adopted children.

4.)  The child must not have provided more than half of his or her own support for the year.

5.)  If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.  If you need a Paternity Test, Siblingship Test, Grandpaternity or other Kinshipcare DNA Test to prove the biological relationship - you still have time in the State of New Jersey to complete the testing and submit.  Many counties in New Jersey affected by the recent flooding have been given extensions to file tax returns.

Tests to be a Qualifying Relative

1.)  The person cannot be your qualifying child or the qualifying child of anyone else.

2.)  The person must either be related to you in one of the ways listed under "Relatives who do not have to live with you in IRS Publication 501, or live with you all year as a member of your household (and your relationship must not violate local law).

3.)  The person's gross income for the y ear must be less than $3650(unless disabled or income from a sheltered workshop)

4.)  You must provide more than half of the person's total support for the year.