We’ve all read news stories about children who were swapped at birth, and it is easy to believe that allaying a woman’s concern that the child she is rearing is not her own is the only reason to engage in maternal DNA testing. As counter-intuitive as it seems, there are a few reasons you may wish to use DNA testing to verify a biological maternal connection.
In cases involving adoption or surrogacy
In rare cases where a surrogate asserts that the child she has given birth to is biologically hers rather than the result of IVF using a donor egg and sperm, maternal DNA testing can determine conclusively whether the child is indeed biologically hers or the intended recipient parent’s child.
This is a murky area of law and one that must be considered on an individual basis depending on the manner in which the surrogacy arrangement is built and the terms of that specific agreement [1].
In cases involving immigration and citizenship
Maternal DNA testing may be required to prove a biological maternal connection in cases where a mother is seeking citizenship in another country for herself and her child. Testing will confirm the authenticity of her parental claims and support the decision-making process [2].
For inheritance and estate planning purposes
If a parent passes away without leaving a will, their children may occasionally need to undergo genetic testing to prove that they are entitled to inherit from their estate.
Maternal DNA testing will establish proof of the biological relationships that exist and may ensure that the assets from the estate are distributed fairly. Because inheritance law is complex, it is essential to seek advice from family law attorneys as early in the process as possible to maximize the likelihood of a successful outcome.
To establish an individual’s medical history
It is sometimes necessary for maternal DNA testing to be conducted to establish an individual’s susceptibility to genetically inherited medical conditions so they can be appropriately managed. This often arises in cases where an individual was adopted and is unaware of their family’s medical history.
Maternal DNA testing may also be requested prior to attempting to get pregnant in order to understand what genetic risks exist for the planned child [3].
How maternal DNA testing works
Maternal DNA testing is a simple and non-invasive procedure that is used to determine the biological relationship between a mother and her child. It involves analyzing and comparing DNA samples that are collected via a cheek swab to establish the probability of a genetic connection with a very high degree of accuracy.
The legal aspects of maternal DNA testing
If you are considering using maternal DNA testing to verify a biological connection but are unsure of the legalities of doing so, consult with an attorney who is experienced in all aspects of family law in Santa Fe (https://kufferlaw.com/santa-fe/).
Your attorney can support you in selecting a trustworthy and accredited DNA testing provider and ensure that the results obtained from the genetic testing are accurate and legally admissible for your intended purposes.
In conclusion
Maternal DNA testing may be a valuable method through which biological relationships can be established, legal complexities can be resolved and clarity can be provided to all interested parties.
This proven scientific method of establishing maternity can deliver conclusive evidence in a number of legal matters and provide families with the peace of mind they seek. At the Law Office of Dorene A. Kuffer, we will handle your case delicately, respectfully and confidentially, helping you reach an outcome that addresses all of your concerns.
Resources:
[1] https://surrogatefirst.com/pages/gestational-surrogacy-law-new-mexico#:~:text=There%20are%20no%20state%20regulations,interests%20and%20rights%20are%20protected.
[2] https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/dna-relationship-testing-procedures.html#:~:text=Genetic%20testing%20is%20a%20useful,siblingship%2C%20or%20half%2Dsiblingship.
[3] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1592163/