When the Father Can't or Won't Be Tested
In many paternity cases, a possible father will not agree to be tested, and
in some instances, may not even be alive. In either case, there are ways to
get around the issue. In the case of the deceased, a body can be exhumed, though
there are always ethical and legal issues.
Another option, which would apply to both the deceased and the uncooperative
alleged father, also subject to legal and ethical decisions, is to test known
relatives of the father. The best relatives, if available, would be the father's
parents, but the father's siblings, or other known children of the father can
also be helpful.
Always keep in mind that there is a good chance that even with the available
relatives, paternity will not be determined to a 99.99% probability. This is
because when a specimen from the father is collected, the lab is dealing with
actual DNA from the father, but in collecting specimens from the father, the
lab is basically trying to figure out what the father's DNA looks like based
on his relatives. So the match between father and child is one step removed.
But there is a possibility that you can obtain a high probability through relative
testing. For example, if there is a rare gene that is common through the relatives,
and the child in question shares that gene, the chances that he/she obtained
the gene from the alleged father would likely be high.
In each case, the lab should be consulted to determine the most appropriate
testing option, if there are any available. But know that a little creativity
can reduce a lot of confusion.