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Can a Paternity Test Be Performed Before My Child Is Born?
There are a lot of reasons someone might be interested in figuring out if they're the father of a child before that child comes into the world. The outcome of a paternity test may alter your entire future. In these cases, you might wonder if you can have a paternity test run before the baby is even born. Or, if you're very confident that you're the father, you may just want to get the issue of legal paternity locked down as soon as possible. If you're wondering if you can get a prenatal paternity test performed, a St. Charles family paternity attorney can help.
Can Paternity Be Tested Before Birth?
There are several methods available for prenatal paternity testing in 2026. The method that makes the most sense will depend on how far along the pregnancy is and whether there are any other medical factors involved.
Non-Invasive Prenatal Paternity Testing
The most accurate is called Non-Invasive Prenatal Paternity testing, or NIPP. It can be performed as early as eight weeks into a pregnancy. The process involves drawing blood from both the mother and the alleged father and comparing the father’s genetic material against fetal DNA that circulates in the mother's bloodstream. It carries no risk to the pregnancy.
Amniocentesis
This procedure is more invasive. It involves inserting a needle into the amniotic sac to collect fluid. It is typically performed between 14 and 20 weeks of pregnancy. While accurate for paternity purposes, it carries a small risk of complications, so most medical providers only recommend it when it is already being done for other diagnostic reasons.
Chorionic Villus Sampling (CVS)
This procedure is also more invasive than NIPP. CVS involves taking a small sample of placental tissue. It's usually performed between 10 and 13 weeks of pregnancy. Like amniocentesis, it is accurate for paternity testing, but carries some procedural risk and is generally only done when there is a separate medical reason for the procedure.
It's worth knowing upfront that prenatal testing is entirely voluntary. The decision to test before birth is a personal one, and while you may want certainty about paternity before the baby gets here, it won’t happen if the mother doesn’t agree.
Does a Prenatal Test Establish Legal Paternity in Illinois?
Knowing the biological results of prenatal testing and having legal paternity established are two different things. Under the Illinois Parentage Act (750 ILCS 46), legal parentage is not automatically granted based on a DNA test alone. A positive result tells you who the biological father is. It does not give that person parental rights or impose legal obligations like child support unless other steps are taken.
When a child is born to a married couple in Illinois, the spouse is presumed to be the legal parent regardless of gender. For unmarried parents, there are two main paths to establishing legal parentage.
The first is a Voluntary Acknowledgment of Paternity. Both parents can sign a Voluntary Acknowledgment of Paternity (VAP), which is typically available at the hospital at the time of birth. Once signed and filed, this document has the same legal effect as a court order.
If there is a dispute or one parent is unwilling to sign a VAP, either party can petition the court to establish parentage. The court may order genetic testing and will ultimately make a decision based on the best interests of the child.
What Rights Does Legal Paternity Grant?
Until legal parentage is established, a biological father has no enforceable rights and no enforceable obligations. A father who doesn't want to pay child support may try to avoid establishing paternity. If this is the case, though, he should be prepared to make some trade-offs. Without established legal parentage, a parent cannot:
- Ask for parenting time with the child
- Have decision-making responsibilities for the child
- Prevent the other parent from moving out of state with the child
- Give the child Social Security or veterans’ benefits
- Add the child to a father’s health insurance plan
It's also important to remember that a court can order genetic testing to establish paternity if the other parent requests it. Fathers can be ordered to pay child support for children they don’t want and never intended to have.
Once parentage is legally established, the parent's name is added to the child's birth certificate, and both rights and responsibilities follow. In most cases in Illinois, this can be done at any point before the child turns 18.
Call a St. Charles, IL Family Law Attorney Today
If you’re in a paternity case involving things like child support and parenting time, contact a Kane County paternity lawyer. At Shaw Sanders, P.C., our primary attorney is a trained mediator who works hard to resolve cases efficiently and without unnecessary conflict. We are fully prepared to litigate when that is what the situation calls for. Call Shaw Sanders, P.C. at 630-584-5550 for your free consultation today.
630-584-5550