Paternity Testing via an
Application to Court
The Custody Minefield Factsheets –
Smartphone Series (optimised for smartphone users). Copyright Colin Brealey and
Michael Robinson 2011.
Why would someone normally apply to the Court for
a paternity test?
Who carries out the DNA testing?
How much does a DNA test cost?
How are the DNA samples taken?
How long does it take to get the results?
Are the test results reliable?
Does being identified as the biological father give me parental
responsibility?
Will I be expected to pay child maintenance?
Finding your local Family Court
Why would someone normally apply to the
Court for a paternity test? <Back
to Top>
There may be genuine circumstances whereby
paternity is in dispute and a test is needed including:
1. The
child may be as a result of an affair and paternity needs to be clarified.
2. The
mother may have genuine reasons for doubting the identity of the father.
3. The
father may have sufficient doubt regarding the paternity of the child.
4. For
the purpose of child maintenance, the identity of the biological father must be
established.
How
do I apply? <Back
to Top>
You can request a paternity test be
carried out as part of your application to the court. This request would
normally be included within a C100 form if
paternity is in doubt and the application may include other requests of the
court such as a request for contact or shared residence. Similarly, you might
be applying to the court for a Parental Responsibility Order on a C1 Form. The
matter of paternity would be the first issue to would be dealt with by the
court before any other orders are looked at. Within the application form to
court, you should briefly set out your reasons for asking that the court direct
that a paternity test be carried out.
If you are the respondent to proceedings,
and are doubtful as to paternity, you could choose to file a C2 Form with
the court in response to the application.
How
is paternity proven? <Back
to Top>
Paternity is proven by way of a DNA
test.
Who
carries out the DNA testing? <Back
to Top>
A DNA testing firm that is approved by
the court must be used in accordance with section
20 of the Family Law Reform Act 1969 otherwise the results are not
considered valid. It is possible to acquire testing kits but we strongly
recommend you use a court approved DNA testing firm. The court can advise on
approved firms during proceedings.
How
much does a DNA Test Cost? <Back
to Top>
Costs will vary depending on the firm
which carries out the tests, but a cost of circa £500 is typical. In addition
to this, you would have to pay the cost for the application to court (see our Court
Fees Guide).
Who
has to pay? <Back
to Top>
Ordinarily the person making the
application will have to pay for the DNA test, although depending on the
circumstances, it might be reasonable to ask the courts to award half the costs
to the other party. You might also ask for costs to be awarded against the
other party if they had alleged you were the biological father, but the tests
proved otherwise.
How
are the DNA samples taken? <Back
to Top>
You will need to make an appointment to
have your samples taken by a Doctor or a Nurse at your GP Practice or sometimes
at an approved testing centre. At the appointment a mouth swab will be rubbed
gently and painlessly on the inside of your mouth to collect a sample of cheek
cells. You will also need to confirm your identity (a passport and photo
driving license is ideal for this).
How
long do the tests take? <Back
to Top>
Typically, getting the test results can
take several weeks although some laboratories produce their reports in a matter
of week once all DNA samples have been taken.
Are
the tests reliable? <Back
to Top>
When a mother, child and the possible
father are tested, the results will either confirm he is not the father or
provide a proof of paternity with a confidence level usually greater than
99.999%
Does
being identified as the biological father give me Parental Responsibility? <Back to Top>
No. Please refer to our separate guide
on Parental
Responsibility which details how you acquire the legal rights and
responsibilities as a parent.
Will
I still be expected to pay child maintenance? <Back to Top>
If you are not the primary carer, and
once it is confirmed you are the biological father, yes.
Applying to court <Back to
Top>
If you are using a solicitor, they will do this for
you. Otherwise, download and complete the Form C100. Print and sign three
copies of the form.
Check how much the court fees are, and either take a cheque, postal order or cash for that amount when you go to
your local family court.
It will assist both you and the judge if you write a
brief ‘Position Statement’. Try to keep the
position statement to two to three pages, setting out briefly why you are
applying for a paternity test (and any other orders), and why you believe it to
be in the children’s best interests. Be factual, and try to be objective in
what you write, and the language you use.
A position statement is not essential, but it helps
inform the judge, briefly and ideally succinctly, why you are applying for the
order, and can assist you in court so you do not forget any points you wish to
raise.
Before setting off for the court
building, ensure you have with you:
a] Three
completed and signed copies of the forms;
b] The
cash, cheque or postal order to pay the court fee;
c] Three
copies of your Position Statement.
Hand in the court forms, fee and
position statement to the court’s administration department.
Finding your local family court <Back
to Top>
You can use HMCS
Court Finder to do this. Once on that website, enter in your region under
‘Court Region Search’. Then make sure that ‘Court Work Type Search’ is set to
‘Family Work’. Then search under ‘Court Type’ and do a search first on
‘Combined Crown and County Court’, then ‘County and Magistrates Court’, and
then ‘County Court and District Registry’. Choose the court which is closest to
where you or your children live and print the details.
Support
<Back to Top>
The Custody Minefield offers support forums where
you can ask our team of experienced support staff questions about family law,
the courts and separation. Collectively, we have answered more than 10,000
posts on other family law related support forums. Visit our Support Forum Page on
The Custody Minefield website to find out how to register.