Paternity Testing on a Deceased Person
Deceased Alleged Father
When the alleged father is deceased, DNA testing is mainly used to obtain Social Security benefits, insurance benefits, to settle an inheritance dispute, or to establish a standing in a wrongful death action. Samples from the deceased are usually obtained from the medical examiner, coroner or other pathologist who may have performed an autopsy, an associated toxicology or medical lab, the funeral home before or after embalming, or even following burial for up to several years. The best sample to obtain is whole blood which is not clotted. Exhumed specimens collected from deep thigh tissue or marrow taken from the large leg bone (femur) will work approximately 75% of the time. The lab needs additional time to process these samples (could be weeks).
An alternative to exhuming the alleged father is to reconstruct his genotype based on surviving family members. The most popular tests are the grand paternity test or the sibling study, described in previous sections.
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PUTATIVE FATHER -- In many states, the husband of a married woman who bears a child is automatically presumed to be the father. This presumption of paternity makes him the putative father. Some jurisdictions take the presumption of paternity one step further by not allowing a man to disprove biological paternity through DNA. As a result men who are not the biological fathers of their wife’s children are forced to pay child support for children they have not biologically fathered.
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What Constitutes Emancipation to Release a Parent From a Child Support Obligation
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