What Is The Standard Of Proof For Paternity Actions?
Legal actions to establish paternity are civil proceedings and therefore the burden of proof necessary to establish paternity is based on the evidentiary standard known as a preponderance of the evidence. This means the plaintiff to a paternity action must prove the likelihood of paternity by a margin of 51% or more before the court can make a positive legal finding of paternity. Some states do apply a higher standard of proof for paternity, but these states are clearly in the minority. Proving Paternity – What Is DNA Testing? DNA testing is usually ordered if either party to a paternity action denies or asserts the paternity of the other. DNA testing can establish a father’s paternity and is over ninety-nine percent accurate. The determination of paternity through DNA analysis has become a common and accepted means in determining the identity of the biological father. DNA is the genetic code of life found in all cells and carries the inherited features and instructions from its biolog
