Most people trust DNA paternity tests without a second thought. Labs often claim accuracy rates above 99%, and courts across Georgia rely heavily on these results when deciding cases that involve child support and custody. However, 99% is not 100%; if a test gets things wrong, the fallout can change your life.
Learning about how these errors happen and what the law allows you to do about them is critical if you find yourself on the wrong end of a flawed result. Read on for the information you should know.
How DNA Paternity Test Errors Happen
DNA tests are roughly 99.9% effective at determining paternity at a reputable lab, but that still leaves room for mistakes. And, in many cases, a false result is not caused by the limits of the science itself; it is caused by preventable human error.
Some of the most common reasons a DNA test produces a wrong result include:
- Samples being mixed up or mislabeled during collection
- Contamination from improper handling, such as coughing on an open swab
- Deliberate tampering or fraud by a party with a stake in the outcome
- The lab failing to test enough genetic markers to tell closely related men apart
- Rare DNA mutations in the father’s sperm that cause the child’s genetic makeup to differ from his
In most situations where results come back inaccurate, the problem traces back to what happened before the lab ever received the samples rather than the lab analysis itself.
Georgia’s Paternity Laws and the 97% Threshold
Georgia law gives DNA results a lot of legal weight. Per O.C.G.A. § 19-7-46, if genetic testing shows at least a 97% probability of paternity, a rebuttable presumption of fatherhood is created. That means the court will treat the man as the father unless he can present clear and convincing evidence to prove otherwise.
This is a high legal bar to meet. In cases where a flawed test is the basis for that presumption, it puts the burden on you to fight back with evidence of your own.
Timing also matters. Once a man signs a voluntary Paternity Acknowledgment form, he has just 60 days from the date of his signature to rescind it. The acknowledgment can only be challenged in court on grounds of fraud, duress, or material mistake of fact after that window closes.
What Should I Do if I Believe My DNA Test Results Are Wrong?
If something about your paternity test results does not add up, taking quick action is important.
Here are some steps worth considering:
- Request a second test from a different AABB-accredited lab to compare against the original result
- Preserve any records tied to how the first test was handled, including chain-of-custody paperwork
- Notify the court that you dispute the results and want additional testing ordered
- Do not sign a Paternity Acknowledgment form until you are confident the results are accurate
- Consult with a family law attorney who can evaluate whether the testing firm’s negligence may give you grounds for a legal claim
If you can trace the error back to the testing firm, you may be able to file a claim against them. A successful claim would need to show that the firm owed you a duty of care, that it failed to meet that standard, and that you suffered real harm as a result.
Set Up a Consultation With a Georgia Family Lawyer at The Edwards Law Group to Learn More
An inaccurate DNA test result can upend custody arrangements and financial obligations in ways that are difficult to reverse. Georgia’s legal timelines and presumption rules make it even more urgent to act fast if you suspect an error.
Getting guidance from a trusted family law attorney early on in the process gives you the best chance to challenge faulty results and protect what matters most.
Reach out to The Edwards Law Group for help today. We proudly serve clients throughout Cobb County and the greater Atlanta metro area in Georgia from our Atlanta office.
The Edwards Law Group Atlanta
3621 Vinings Slope SE, #4320, Atlanta, GA 30339
(770) 723 7211
V. Joy Edwards is the founder of The Edwards Law Group, an Atlanta family law firm serving clients across the metro area in child custody, child support, adoptions, prenuptial agreements, and postnuptial agreements.
With over 20 years of experience in Georgia family courts, Joy brings a rare combination of courtroom litigation skill and strategic negotiation, built on relationships developed on both sides of the bench, including her time as Staff Attorney for judges in Cobb County State Court.
The Edwards Law Group is the oldest Black-owned, female-led family law firm in Cobb County, and Joy has earned recognition from Super Lawyers and Top 10 Atlanta Family Law Attorneys. She is a board member of the Stonewall Bar Association and a member of the State Bar of Georgia’s Family Law Section.
Justia / Avvo / Super Lawyers / Martindale