Pennsylvania Paternity Test Laws

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.