Can a court force a DNA test?
No. While a court cannot physically compel someone to provide a DNA sample, it can issue a court order mandating that an individual submit to a paternity test.
Failure to comply with this order is considered contempt of court, which can result in serious legal consequences such as fines or imprisonment.
It is important to consult a family law attorney in your state to inquire about the potential consequences.
Refusing a paternity test without a court order
A person may refuse a paternity test request without a court order. Paternity testing is not mandatory. If one party disagrees with performing a DNA test, the other party may initiate paternity proceedings by filing a paternity petition with the family court in your jurisdiction.
The court will then issue a court order requiring both parties to appear in court. At this point in the proceedings the judge will instruct the parties to submit to a paternity test to determine paternity.
Legal Paternity Testing Requirements
Performing a legal paternity test for evidence submission in court, or adding potential father’s name to a child’s birth certificate must meet the following criteria to be recognized by the courts.
- The laboratory must hold an American Association of Blood Banks (AABB) accreditation, which our partner lab possesses
- A proper chain of custody must be established
- No At-Home Paternity Tests can be used in court because this testing option does not meet the chain of custody criteria for evidence submission.
The average turnaround for your results to be completed is 2 to 3 business days. Learn more about our legal paternity testing service here or call 877-680-5800 to schedule an appointment in a city near your home.
Conclusion:
Paternity testing is a voluntary process unless the parties involved are mandated by a judge to perform a paternity test.
