Can a Paternity Test Be Performed When the Father and Child Live in Different Countries?
Yes. A paternity test can often be performed when the alleged father and child reside in different countries. In our experience, the testing process depends largely on how the results will be used and whether the country involved permits the type of DNA testing being requested.
International paternity testing generally falls into one of three categories:
Peace of Mind DNA Testing – At-home DNA testing performed for personal knowledge. Some countries restrict or prohibit private at-home DNA testing, which may affect whether testing can be completed.
Legal DNA Testing – DNA testing performed under a documented chain of custody for legal purposes such as paternity establishment, child support matters, birth certificate amendments, estate cases, and other legal proceedings. This option requires an approved collection facility in the country where the participant resides.
Immigration DNA Testing – DNA testing performed after a U.S. Embassy, U.S. Consulate, USCIS, or the U.S. Passport Agency requests DNA evidence. Immigration DNA testing follows specific chain-of-custody procedures and requires coordination between the requesting agency and our partner AABB-accredited laboratory.
The sections below explain how each international DNA testing option works and the factors you should consider before proceeding.
What is an International Paternity Test?
An international paternity test is a DNA test used to determine whether an alleged father is the biological father of a child when the participants reside in different countries.
In our experience coordinating international DNA testing cases since 2004, the DNA analysis itself is rarely the difficult part of the process. The greater challenge is determining which testing option should be performed, identifying whether the country involved permits that type of testing, and ensuring the collection process satisfies the requirements of the agency, court, or institution that will ultimately review the results.
Common reasons an international paternity test is performed include:
- Immigration evidence for visa applications and Consular Report of Birth Abroad (CRBA) cases
- Adding a father’s name to a birth certificate
- Child support matters
- Estate and probate cases
- Court-ordered paternity establishment
- Peace-of-mind testing
- In-vitro fertilization (IVF) parentage verification
Over the years, we have found that many international DNA testing delays occur before a DNA sample is ever collected. In some situations, the wrong testing option is selected. In other situations, a participant resides in a country that restricts private DNA testing or requires additional collection procedures. Determining how the results will be used is often the first step in selecting the appropriate testing option.
How Does International Paternity Testing Work?
The international testing process depends on how the results will be used. International paternity testing generally falls into three categories: peace-of-mind DNA testing, legal DNA testing, and immigration DNA testing.
Peace-of-Mind International DNA Testing
A peace-of-mind DNA test allows participants to collect their own DNA samples using an at-home DNA testing kit. One DNA kit may be shipped to the participant residing in the United States while another DNA kit is shipped to the participant residing abroad. Once both parties collect their DNA samples, the specimens are returned to the laboratory for comparative analysis.
In our experience, one of the most common mistakes people make is assuming every country permits private at-home DNA testing. Some countries restrict or prohibit at-home DNA testing altogether, while others may impose additional requirements. For this reason, we recommend confirming country-specific requirements before ordering an international at-home DNA test.
Some families choose to personally transport a DNA testing kit while traveling abroad and collect samples while visiting relatives. This approach may reduce shipping expenses, but the laws and regulations of the destination country should always be reviewed beforehand.
Legal International DNA Testing
A legal paternity test requires all DNA samples to be collected under a documented chain of custody. This testing option is commonly used for birth certificate amendments, child support matters, estate cases, court proceedings, and other legal purposes.
The participant residing in the United States will attend a DNA collection appointment at a facility within our network. The participant residing abroad must attend a collection appointment at an approved facility located within our international collection network. Once all DNA samples have been collected, the specimens are shipped to our partner AABB-accredited laboratory for genetic analysis.
In our experience, one of the most important factors in international legal DNA testing is confirming collection-site availability before making plans. Collection facilities are not available in every country. Verifying availability beforehand helps prevent unnecessary delays and scheduling issues.
The results from a legal DNA test may be used for many legal purposes; however, this testing option generally should not be used as a substitute for an immigration DNA test.
Immigration DNA Testing
Immigration DNA testing follows a different process than standard legal DNA testing.
In most immigration cases, DNA testing is considered secondary evidence and is generally requested only after USCIS, a U.S. Embassy, a U.S. Consulate, or the U.S. Passport Agency determines that additional biological evidence may be helpful. The petitioner must first receive the appropriate request for DNA evidence before the immigration DNA testing process begins.
Over the past 22 years, we have found that one of the most expensive mistakes families make is performing DNA testing before receiving the appropriate immigration instructions. A DNA test that does not follow the requesting agency’s chain-of-custody procedures may need to be repeated, resulting in additional expenses and delays.
Once the required documentation is received, our partner AABB-accredited laboratory initiates the case and schedules the petitioner’s DNA collection appointment in the United States. The laboratory then forwards a DNA sample collection request to the appropriate U.S. Embassy or U.S. Consulate abroad.
After the embassy or consulate receives the request, it coordinates the DNA collection process for the beneficiary residing overseas. Once all DNA samples are collected, the specimens are returned to the laboratory for comparative analysis. Upon completion, the laboratory sends the results directly to the requesting immigration agency in accordance with the required chain-of-custody procedures.
Important Information for New York Residents
New York residents cannot participate in at-home peace-of-mind DNA testing due to New York State Department of Health regulations.
Residents of New York may perform legal DNA testing when one of the following requirements is satisfied:
- A prescription from a New York licensed physician requesting DNA testing.
- A letter from a New York licensed attorney.
- A court order issued by a domestic or international court.
Frequently Asked Questions
Can DNA Test Kits Be Shipped Overseas?
Yes. DNA test kits can often be shipped internationally; however, the ability to ship a DNA test kit depends on the country involved and the purpose of the testing.
For peace-of-mind DNA testing, DNA test kits may be shipped directly to participants residing abroad, provided the destination country permits at-home DNA testing and the importation of DNA testing materials.
For standard legal DNA testing, DNA test kits are shipped directly to an approved collection facility within our network where the participant’s DNA samples will be collected under a documented chain of custody.
For immigration DNA testing, DNA test kits are not shipped directly to the beneficiary. Instead, our partner AABB-accredited laboratory sends the DNA collection materials to the appropriate U.S. Embassy or U.S. Consulate, which coordinates the DNA sample collection process abroad.
Because DNA testing regulations vary by country, we recommend contacting our office before ordering an international DNA test kit.
Which Countries Restrict At-Home Paternity Testing?
Most countries have not banned paternity testing altogether. In many cases, restrictions apply specifically to private at-home DNA testing rather than legal or immigration DNA testing performed through authorized collection facilities.
In our experience, one of the most common challenges in international DNA testing is not the DNA analysis itself but understanding the laws and regulations that govern DNA sample collection within a particular country. Before purchasing an international at-home DNA test, we recommend confirming whether the destination country permits private DNA testing and the shipment of DNA testing materials.
Below are several countries known to have restrictions regarding private at-home DNA testing:
France
France has strict laws regarding private DNA testing. DNA testing is generally permitted only through court-authorized procedures or other legally recognized channels. Individuals considering DNA testing in France should review current regulations before proceeding.
Germany
Germany requires informed consent from all parties participating in DNA testing. Performing DNA testing without proper consent may result in legal consequences. Individuals residing in Germany should review current local requirements before arranging DNA testing.
United Kingdom
The United Kingdom generally permits DNA testing; however, consent requirements remain important. Testing a child without appropriate parental consent or testing another individual without authorization may create legal issues.
Can Legal and Immigration DNA Testing Still Be Performed?
In many situations, yes. Restrictions that apply to private at-home DNA testing do not necessarily prevent legal DNA testing or immigration DNA testing from being performed through approved collection facilities, embassies, consulates, or other authorized collection sites.
Because DNA testing regulations can change, we recommend contacting our office before ordering an international DNA test kit. One of our DNA consultants can help determine whether the country involved has restrictions that may affect your testing options.
Questions about international DNA testing? Contact our office at 888-204-0583 for a free consultation.
What Is the Difference Between a Legal DNA Test and an Immigration DNA Test?
The primary difference between a standard legal DNA test and an immigration DNA test is how the DNA evidence is documented, handled, and ultimately submitted.
Both testing options require:
- A documented chain of custody
- Third-party DNA sample collection
- Identity verification of all participants
- DNA analysis by our partner AABB-accredited laboratory
A legal DNA test can be used for many legal purposes, including child support matters, birth certificate amendments, probate cases, and other court-related proceedings. Once testing is complete, the results are provided to the participants or authorized parties involved in the case.
An immigration DNA test is performed after USCIS, a U.S. Embassy, a U.S. Consulate, or the U.S. Passport Agency requests DNA evidence as part of an immigration or citizenship matter. In addition to the standard chain-of-custody requirements, immigration DNA testing follows specific evidence-handling procedures established by the requesting agency.
Unlike a standard legal DNA test, the laboratory must maintain an unbroken chain of custody by sending the results directly to the requesting immigration agency. The results are not submitted by the petitioner or beneficiary.
For individuals who need to establish a biological relationship for immigration purposes, an immigration DNA test should be performed rather than a standard legal DNA test.
