In some cities, the rate goes up to 50%.
There are no state or federal laws in the United States that mandate paternity testing at birth or in any other situation; however, paternity can be established through a court order if there is a dispute. While social and paternity advocate groups promote mandatory testing to prevent issues like "paternity fraud," this is not a current legal requirement and is instead a subject of ongoing debate.
Paternity Testing in the U.S. Voluntary Systems All U.S. states offer voluntary acknowledgment of paternity (VAP) programs, where a man can sign a form to acknowledge paternity without genetic testing. Court-Ordered Testing A court may order a paternity test if there is a legal dispute, requested by the mother, the potential father, or the state. Refusing a court-ordered test can lead to legal consequences.
No Universal Mandate
Currently, there are no laws in the U.S. that require DNA testing for paternity at the time of birth or at any other point.
Arguments for and Against Mandatory Testing
Proponents
Advocates for mandatory testing argue it would prevent "paternity fraud," where a woman intentionally misidentifies a man as the father. This is seen as a way to protect men and children from deception and provide clarity for all parties involved.
Opponents
Critics argue that mandatory testing would be a costly and unnecessary measure for the vast majority of families. They also point out that not all men want to be identified as a father for personal or safety reasons, and mandatory testing could infringe on privacy and medical privacy rights. Furthermore, this could impose a narrow, biological definition of family that ignores other legitimate kinship practices like adoption and stepparenthood.
I'm also for mandatory paternity tests before collecting taxpayer assistance. Whose child are we paying for?
Those percents are accurate but they only apply to those who were tested, and the far majority of those tests are initiated due to suspicion beforehand. Less than 3% of children are tested for paternity and the 33% to 50% of cuckoldry in that group does not extrapolate to the larger population.