The main question is whether the DNA testing was properly performed. The doctor usually just draws the sample to be tested. If the laboratory with which you are working is willing to provide an expert witness to testify to the manner in which the test was performed you may be alright. If the doctor is not called as a witness... a question may arise as to whether the sample was properly drawn or if it may have become contaminated after having been drawn. However, the ultimate test is in the court room if the admissibility of the expert testimony is challenged. My gut feeling is that you would be alright. It would shift the burden of proof to the opponent to produce an expert witness to testify to the contrary.

If I were a defense attorney in the matter I might want to have the test performed at a laboratory of my choice or at one that had been appointed by the court.

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