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Establishing Paternity on Deceased Alleged NCPs

We may be asked to establish paternity for children when the alleged NCP is deceased. There are some ways to accomplish this.

If the deceased alleged NCP has previously submitted to genetic testing and that DNA sample is on file with LabCorp, Policy 340:25-5-176 allows the State’s attorney to request a court order allowing the use of the previous genetic test specimen per 10 OS § 7700-508.

When a previous sample for the deceased alleged NCP is not available, parentage can be established through genetic testing of the deceased person’s relatives, if those relatives are willing and cooperative per 10 OS § 7700 501 – 10 OS § 7700-511.

If the Medical Examiner’s (ME) office is holding the deceased alleged NCP’s DNA material, the State’s attorney can complete a Writ of Assistance requesting the ME’s assistance to allow LabCorp to obtain the sample for the genetic testing.
In all these cases CSS will pay the genetic testing fee.