Very bizarre question in regards to DNA...

+8 votes
286 views
If I should stumble across paperwork done through the court to determine paternal relationship can I add that as a source and label it as DNA confirmed? Has anyone ever come across anything like this?
in WikiTree Help by Kaylee Robinson G2G6 Mach 2 (20.7k points)
retagged by Eowyn Langholf
A court determination of parentage is not the same as DNA.

 

The former is a legal (man made) construct, the latter is scientific.

Jennifer brings up a good point that I just skipped over when I first read this. A court's ruling on paternal relationship doesn't necessarily mean the ruling was based on CODIS/NDIS or similar DNA testing. I imagine most relatively recent rulings would (alliteration unintentional), but unless that was specifically stated/described in the court documents, I don't believe it could be assumed.

The actual STR results from a CODIS/NDIS-type test would never be included in the public documents associated with a ruling, but if the ruling stipulates it was a source of evidence for the determination, then I definitely agree with Peter's answer...and Nathan's caveat regarding the new WikiTree policies relating to the GDPR. Too, there would be no further genealogical reach from that confirmation; in other words, nothing would propagate up the tree, and the evidence would apply to no relationship other than that specific father/child.

Peripherally to my point. Some countries, for example, Panama wil enable a man to stand up in court and make oath that the child is of his loins, or some such.  It is a reasonable process as it increases the number of "legitimate" children and "decreases" welfare cases.

 

However the U..S Department of State is familiar with this process, and if an American tries to use the process, to have a child granted citizenship or access, they will require the man to provide proof that he is in country 8 - 10 months before the child was conceived.

 

I can imagine, don't know for sure, that now they would demand a paternity test.
I am assuming that when the court does determine legitimate paternal relationships there must be some sort of DNA testing involved right?!
Wrong, there havebeen court determinations of paternity long before the advent of DNA testing
Ok, that.... makes sense.

2 Answers

+11 votes
 
Best answer
Yes I believe you could mark the parent child relationship as confirmed.  I believe the citation should include the type of DNA test (I assume CODIS) and a brief description of the match, and in which court (and the date) that record was filed.
by Peter Roberts G2G6 Pilot (483k points)
selected by William Foster
However under current guidelines you would only be able to add the match to your own profile and/or deceased profiles. If either party to the match were living and not a member the new GDPR-based guidelines would Diaz allow adding even with permission.
So even if there was blood work involved (I don’t remember the specific test done) we are only allowed to input the paternal relationship and nothing further, as for DNA confirmation?

I just want to make sure I completely understand..
I would say if you found paperwork you could cite that an actual DNA test had been performed, then you could mark that one relationship DNA confirmed. Note per above there are often determinations of paternity without DNA testing.

In this day and age if a father contests paternity there is typically a DNA test, but in most cases paternity determinations are done for legal reasons (e.g. child support, custody or visitation with unmarried parents) and are often uncontested. In this case a determination would make the relationship at least Confident but not DNA confirmed.
Ok, got it!
+3 votes
If anything this type of DNA test is more reliable than your typical genealogic DNA test. It directly compares the DNA of the two people with a claimed direct relationship. Genealogic DNA tests more commonly work over a greater distance tying together cousins via a common ancestor and a greater degree of uncertainty.
by Helmut Jungschaffer G2G6 Pilot (478k points)

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