Paternity When Alleged Father is Missing

Kinship Analysis - Missing Alleged Father

If samples from the deceased are not readily available then the alleged father’s genotype can be reconstructed by testing close relatives. The most straightforward of these tests is a grandpaternity test in which the alleged father’s parents are tested. If one or both of his parents are missing, then samples from his siblings or other children can be used and extended typing performed. Any combination of three or four of these close relatives will result in a highly conclusive test. When fewer relatives are available for testing, the ability to provide a conclusive result decreases. Relatives farther removed from the alleged father such as cousins are not related closely enough to provide useful information. One caution to this type of testing is that if the relationships are misrepresented to the laboratory, a false negative may result.



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SETTLED MATTERS -- Courts have universally decided that a man’s allegations that a woman deceived him (about fertility and the use of birth control) are completely irrelevant to paternity and support. A man is, as one legal observer puts it, "strictly liable for where his sperm ends up when he voluntarily engages in a sexual act." The doctrine of strict liability emanates from cases where men voluntarily impregnate women at their request.

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