When a child is born to parents who are not married or who have never been married to one another, this can pose a few problems. Under Illinois law, a man is only presumed to be the father of a child if he was married to the mother when the child was born, or if the couple had been married within 300 days before the child’s birth. If neither is true, then the parents must establish legal paternity for the child another way. Many times, before a court will issue an Order of Paternity, it will require that the mother, alleged father, and child submit to genetic testing to determine the true biological father of the child.
Genetic Testing Procedure in Illinois
A child gets half of his or her genes from the mother and the other half from the father. DNA testing works by comparing the genes of the child with the genes of both parents. The person conducting the genetic testing will be chosen by the court, but you are also permitted to conduct independent genetic testing if you so choose. The Illinois Paternity Act states that DNA samples can be from blood, bone, hair, or other bodily fluids, though the most common way to gather DNA samples is from a simple swab of the cheek.
Genetic testing is very accurate. If the man tested is not the biological father, it will be known with almost absolute certainty. On the other hand, if the test results show that the man is 1,000 times more likely to be the child’s father than an unrelated man chosen at random, the probability of paternity is at least 99.9 percent, and the man will be presumed to be the biological father under Illinois law.