Many people think of DNA paternity testing as strictly court-ordered, but attorneys are finding strategic advantage in independent pre-emptive testing. The reason for this is simple.
Prior to the administration of a DNA test, there is no one, with the possible exception of the mother, who can identify a child’s biological father with certainty. And no matter what the mother or alleged father say, the attorney may harbor some doubt. No attorney wants an embarrassing surprise in the middle of a case, forcing a hurried change in strategy. Hence, the pre-emptive paternity test.
If done independently, the report does not need to be submitted unless the court requires it. Therefore, if the results will help the client’s case, the attorney will be sure to use them in court. On the other hand, if the results are not advantageous to the client, then the attorney will not mention the test. Of course, this strategy would not defend against a court-ordered test, but at least the attorney will be prepared for the outcome.