Test releases

In a dispute over parentage, there are two types of test available to help prove if someone is the mother or father of a particular child. The tests are:-

A conventional blood test cannot prove with complete certainty that someone is the mother or father of a particular child. It is an exclusion test in that it may prove that they are not the parent. However, because of the nature of the blood test, someone who is not the parent of the child may not be excluded by the test.

If the person is not excluded by the test from being the parent of the child, the test will show the probability of them being the child's mother or father. This is because the blood test establishes the composition of the blood of the people being tested, and some combinations of blood groups and their compositions occur more frequently than others. Depending on the frequency with which a certain blood group and composition occurs in the population, the test will show how likely it is that someone is the child's parent.

A DNA test can prove with near certainty whether someone is or is not the mother or father of a particular child, and whether or not a child is related to a particular individual.

The DNA test establishes the DNA patterns of the people tested, and can be carried out on a blood sample or, on a sample of another bodily fluid or tissue, for example, a sample taken using a mouth swab. Each individual has a unique DNA pattern. A child inherits half of their DNA pattern from their mother and half from their father. Those parts of the pattern inherited from the mother can be identified by comparing the child's and mother's pattern. For paternity to be proved conclusively, the remaining DNA pattern in the child must also be found in the father's DNA pattern.

A person may want a test carried out, or a court may direct a test to be done, in a number of circumstances, for example:-

A man who is being pursued for maintenance may wish to dispute that he is the father of the child. In England, Wales and N. Ireland, if there is insufficient evidence to prove paternity, anyone may apply to the court for a test to be carried out. The court will refuse to hear an application if it considers that the applicant does not have sufficient personal interest in the result.

There is no paragraph 7a.

The man can have the test carried out privately and ask the court to accept the results. In this case, an accredited tester does not have to be used, although it may be advisable. If the man is absolutely certain that he is not the father of the child, he may wish to have a conventional blood test as this is usually cheaper. However, the blood test may not exclude him, even if he is not the father. If this test does not prove to the satisfaction of the court that he is not the father of the child, he could then have a DNA test.

A woman may request a DNA test to enforce a maintenance application. She can apply for a test even if a previous blood test did not indicate that the man was the father.

If a man refuses to take a DNA test to establish parentage, paternity will be presumed.

An unmarried man may wish to acquire parental responsibility for a child by applying for a court order. If the mother disputes that he is the father of the child, he can apply to the court for a test to be done. He can make this application at any time before or during the court proceedings. The court will not direct a test to be carried out if it is not in the child's interests but the child's welfare is not the court's paramount consideration. Where cases reach the courts, courts have usually taken the view that it is generally best for the truth to be known. If the court refuses to make a direction, it is unlikely that the man would be able to have the test done privately, as the mother is unlikely to consent to the child being tested.

An unmarried man may want to apply for a prohibited steps order (England, Wales and N. Ireland only), child arrangements order (England and Wales), residence order or contact order (Scotland and N. Ireland) or specific issue order in relation to a child. If he is the father of the child, he can apply automatically for one of these orders. If he is not, the leave of the court must be obtained. If the mother disputes that he is the father, he can apply to the court for a test to be done.

In England, Wales and N. Ireland, the court can order that a sample is taken from a child under 16 if this would be in the best interests of the child, even if the parent with care and control of the child does not consent (endnote 1).

A man who is in an opposite-sex marriage or civil partnership may want to end his marriage or civil partnership because his wife has had a child and he does not believe that he is the father. He can end his marriage by divorce or annulment, or end his civil partnership by applying for a dissolution order or by annulment. The man has to provide sufficient evidence to the court that he is not the father, and can ask the court to direct that a test be carried out.

There is no paragraph 13a.

A person may wish a court to declare that a particular person is their parent, for example, to safeguard their rights of inheritance. In England, Wales and N. Ireland, this is known as a declaration of parentage.

There are circumstances in which a test may be useful in an immigration case, for example, if other evidence of a family relationship is not accepted by a Home Office entry clearance officer.

It is a criminal offence in England, Wales, Scotland and Northern Ireland if a person has material from a human body in order for someone to analyse the DNA in it without the consent of the person it came from. A person may not therefore use someone else's bodily material in this way to test whether or not that person is related to a child.

There are various exceptions to the offence described in the previous paragraph. For example, it is not a criminal offence to have material from a human body to allow tests to be made to implement a court order or direction. There may not be consent of the person it came from because, for example, they were not able to provide consent. Many of these exceptions relate to the importance to some other person of the knowledge gained from the test being done (Schedule 4 of the Human Tissue Act 2004).

The procedure for arranging a test will depend on whether it is being carried out privately or by court direction, and whether it is a conventional blood test or a DNA test.

The person's GP will be able to arrange the blood test. Information about who can test the blood is available from court offices, even if no legal proceedings are in progress. There is a fee (which must be paid in advance) unless the client is receiving legal aid.

If a person wants to arrange a DNA test privately, where the other party agrees to be tested, they should contact a DNA tester for information about the process and the costs. They does not need to use a doctor or solicitor. A fee is payable unless the client is receiving legal aid. The Ministry of Justice (MoJ) maintains a list of DNA testers who are accredited to do court-directed tests for courts in England and Wales, and who also do private tests. However, there is no requirement to use one of the testers on this list unless the court has issued a direction. There is no equivalent list for Scotland. GPs may have information about other DNA testers who do private tests.

In N. Ireland, a list of laboratories accredited to carry out court-directed DNA tests to determine parentage is available from the Information Centre of the Northern Ireland Court Service. The contact details are:-

In England and Wales, a court may direct a scientific test to find out the parentage of a child under section 20 of the Family Law Reform Act 1969. This is known as a 'section 20 direction'. Usually the court will only make such a direction when one party does not want the testing to be done. Where the court has issued such a direction, the parties must use a tester from the list of accredited bodies maintained by the Ministry of Justice (MoJ).

In England, Wales and N. Ireland, in court proceedings involving the parentage of a child, anyone can apply to the court for a test to be carried out, but the court will refuse to hear an application if it considers that the applicant does not have sufficient personal interest in the result.

If the court grants a direction, it cannot generally force someone to take a test. It is up to the applicant or their solicitor to contact and arrange the test directly with the chosen company. If a person fails to take a test after having been directed to do so by the court, the court may draw whatever inference seems appropriate in the circumstances (endnote 2).

The MoJ Family Operations Team is responsible for maintaining a list of accredited bodies to carry out tests of parentage, where the court gives a section 20 direction. The accredited bodies must meet certain requirements designed to ensure that the scientific evidence is sound and reliable. Find out how your client can get a DNA test with an accredited testing laboratory on GOV.UK.

There is no paragraph 21a.

Whether the test is done privately or on the direction of the court, and whether a conventional blood test or a DNA test is done, the following points apply:-

If a conventional test or a DNA test is done by court direction, the person who asks the court to direct the test will have to pay separate fees for:-

There is no paragraph 24.

There is no maximum fee for testing of blood samples. Fees will therefore vary from one tester to another. Home Office guidance to clerks to the courts suggests that they find out the fees charged by each tester and make this information available on request.

There is no maximum fee for DNA testing. As with conventional blood tests, information about companies that carry out DNA testing and their fees, should be available from court clerks.

A person who has a test carried out privately will have to pay a fee. The fees charged for making the administrative arrangements, taking the samples, testing the samples and making a report are not subject to any legal maximum. It would be advisable to check the fees for the test in advance.

If one of the parties asks the court to make a direction for a test to be carried out, they will have to pay the costs of the test. However, if they win the case, they may be able to recover the costs from the other person.

If the test is carried out privately, it will be up to the people involved to decide how to share the costs between them or decide which person is to pay the costs.

Legal aid can only cover the cost of the test if at least one of the parties involved is receiving such assistance. If the test is directed by the court following an application from one of the parties involved, and one of the parties involved is not receiving legal aid, they will be asked by the other party's solicitor to pay part of the costs of the test.

If a test is carried out privately, without court direction but as part of civil court proceedings, civil legal aid under Legal Representation will usually cover the costs of the test. If there are no court proceedings involved, the client will not generally be able to obtain civil legal aid under Legal Representation to pay for the test. However, the test may still be covered by civil legal aid under Legal Help (the green form scheme in N. Ireland) if, for example, a test would help to avoid court proceedings.

In England and Wales, from 1 April 2013, civil legal aid is only available in limited circumstances for private family law matters.

Before the court makes a direction that either test be carried out, any of the people to be tested can give the court reasons for not wishing to have the test done. However, after hearing the reasons, the court can still make a direction that the test be carried out.

If the court has directed that a test be carried out, anyone who refuses to give a sample is able to state their reasons in writing on the official form which the court uses to make the direction.

In England, Wales and N. Ireland, the court can order that a sample is taken from a child under 16 if this would be in the best interests of the child, even if the parent with care and control of the child does not consent.

There is no paragraph 33b.

The Child Support Agency or Child Maintenance Service can assume that a man who has refused to take a DNA test is the father of the child.

Family Law Reform Act 1969 s21(3)

Family Law Reform Act 1969 s23(1)