Prenatal Paternity Testing and Child Custody

Prenatal Paternity Testing

In rare cases a court may allow a potential father to request a prenatal paternity test.  An example of one case is if a potential father does not believe he is the father of his wife’s child and wants to finalize a divorce.  This is simply because courts generally do not allow a divorce until after a child is born if the woman is pregnant before the filing begins.  If you have interest in this option, this article will explain the types of prenatal paternity testing and how it works.

Prenatal Paternity Testing

  1. Chorionic Villus Sampling or CVS

The newest procedure available for prenatal paternity testing is Chorionic Villus Sampling.  Essentially, CVS will gather DNA of the fetus from thePrenatal Paternity Testingtissue surrounding it.  The test can occur 10 weeks into the pregnancy.  This is an extremely costly procedure.  Someone requesting this can expect to pay thousands of dollars or more in expenses.  Physicians are reluctant to perform such a test generally, as it can cause birth defects and possible miscarriages.

  1. Amniocentesis

A less dangerous, but still risky test is amniocentesis.  During this procedure a physician will extract amniotic fluid from the mother’s abdomen with a needle.  The cells the fetus sheds into the amniotic fluid may then compare to the potential father’s DNA.  Again this procedure can cost thousands of dollars in medical expenses.  Also, the risk of miscarriage is present.

  1. Blood Testing

Blood testing is the least invasive way to test in prenatal paternity testing.  Physicians can perform a blood test 8 weeks into a pregnancy. The procedure draws blood from both the mother and the potential father.  The fetus’ blood type often shows up in the mother’s blood, and at this point can compare to the father’s.  However, this is not 100% accurate as sometimes the fetus will have the same blood type as the mother and a differing one from the father. Costs still reach over $1,000 for the procedure.

Prenatal Paternity Testing and Courts

While Oklahoma law does allow for prenatal paternity testing, it is rarely accepted or requested.  The courts further do not make a legal determination on the father under 10 O.S. § 7700-611 until after the child is born.  So while the courts in very rare cases do allow for prenatal testing, it rarely changes the legal process a person must go through for custody and child support determinations.

We Can Help

Children require you to have responsibility.  We understand that in rare cases prenatal paternity testing is a possibility.  If you need help answering questions regarding this matter, call our attorneys.  First consultation is free.