While this is
a rarity, it can happen. The alleged father having an identical twin would
make the test unreliable if the mother had a sexual relationship with
both men. Twins have the same DNA and therefore, if they are alleged to
be the father of a child, the results can only determine that neither
twin is the father of the child in question or that one of the twins could
be the father but it would not be possible through DNA testing to determine
which twin is the father. In this case more extensive testing must be
done.
Once the lab determines a probability of paternity to
such a high degree, the likelihood that someone other than the alleged
father is indeed the biological father is so small that most courts tend
to disregard that possibility, and in the absence of evidence to the contrary,
consider the test reliable proof of paternity.
No test yet available will give a 100% determination of parentage. In
some states a 97% result is sufficient to establish paternity. Many labs
will however grant a retest if the outcome is less than 99%. The person
asking for the retest is responsible for all costs involved. |