Yes, I get that question regularly and when I first heard it, I thought that maybe someone needed a short lesson in Biology even though they obviously understood the fertilization part. But then I realized my customers are very smart and they know that DNA can be found on so many different items - that what she was really asking is if we can create a DNA profile from something other than her husband's mouth. The answer of course is yes. We can create a DNA profile of her husband and then submit her children's DNA in order for an experienced and accredited lab analyst to compare the profiles and look for genetic markers indicating paternity.
There are many different items that we can use to create her husband's DNA profile in order to determine if he is the biological father of the two children involved. The reader may find this to be sneaky but you don't always know the circumtances - perhaps she is protecting herself from an abusive individual? Perhaps she is trying to insure that her children are cared for while she searches and confirms who their real father is. Perhaps the children's real father is a U.S. citizen and she wants to have her children legally entered into the United States. You simply can't judge until you've walked in her shoes. In New Jersey, it is the State that automatically assumes the husband to be the father of the children and automatically enters his information on the child's Certificate of Parentage - unless both partners speak up declare that is not the case and another man signs an Acknowledgement of Paternity. At a time when all family members are in the hospital room "oohing" and "aahing" over the new addition to their family - I doubt that any new mother wants to initiate a conversation or place doubt in anyone's mind about the paternity of the child.
Rather than get into the emotions and moral side of this subject, I would like to explain the methods by which we can determine a man is the father, without actually having that man present at the DNA collection. First, only a legal guardian can bring in minor children for collection by a private DNA collector - so in this case, the mother is a legal guardian and can prove it by bringing in either the hospital discharge papers, the birth certificates, her healthcare cards with the children's names plus her own identification, driver's license, passport, any current photo id. We then collect DNA from the children and the mother in the usual manner.
The mother is asked to bring in anyone of the following items belonging to the "alleged" biological father:
Blood - may be obtained from diabetic test strips, band-aids, clothing, tissues;FTA Blood Stain cards (used in deceased alleged father tests)
Clothing - may contain sweat from underarm, bandannas, hats, baseball caps, underwear - tissues and/or handerkerchief with nasal mucous
Dental Floss -must be properly handled and stored
Used Q-Tips - must be properly handled and stored
Razor Clippings - must be properly handled and stored
Gum - preferably sugar fee
Nails - fingers and toes - freshly trimmed
Sperm - air dried on a q-tip or present on underwear
Toothbrush - by far the easiest to provide for DNA analysis
Toothpick - must be handled properly
I don't mention hair, because hair samples must contain the root or follicle and must be the thickness of a pencil eraser head. It would be difficult for anyone to collect hair in that manner without bringing attention to themselves.
An accredited laboratory will have trained personnel able to lift DNA and create genetic profiles and match to the regular samples of the children's and look for any indicative mutations or non-matches.
So - do we need the father present for a DNA test - no, not really. Do we need the mother present for a Paternity Test - no, not really. Having the mother's DNA does allow the laboratory to provide stronger results - because we have definite knowledge of one half of the children's DNA. The cost is not all that prohibitive to do a Paternity Test using any of the above unusual samples. It may take a little longer than the usual 3 person (mother, father and one child) paternity test 3 business day turn around time but considering the importance of the information involved - the wait is worth it.