How To Get A Paternity Test When The Father Refuses

Can I do a paternity test without the father?

In most instances, the alleged father of the child will be available to provide a cheek (buccal) swab for paternity testing.

However, there are many circumstances where the alleged father might not be available to take a paternity test.

He might be refusing to take a paternity test for legal reasons, such as avoiding paying child maintenance. He might not want to face the potential ramifications of the results. Or it may be that the alleged father has sadly passed away or is unavailable for another reason (e.g., imprisonment).

Whatever the situation, if you are looking to perform a paternity test without the father, it is important to remember that written authority is needed from all adults whose DNA samples are provided for testing.

It is illegal to obtain a DNA sample from an alleged father for testing without his knowledge. Failing to obtain or to misuse consent could result in penalties of up to three years in prison, a fine, or both.

If the child’s father has passed away recently, you can still choose to perform a paternity test, but consent would be required from the next of kin. In this case, a viability study can be performed to analyse the deceased’s nail clippings or a used toothbrush to see if a DNA profile can be obtained.

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If the alleged father has been deceased for some time, an alternative relationship DNA test using DNA from other family members can be used to determine a biological relationship. We’ll explore the options for DNA relationship tests to establish paternity in this article.

For legal matters, such as the Child Maintenance Service (formerly the CSA), custody disputes, immigration applications, inheritance or probate disputes or changing the name on a birth certificate, you will need a legal DNA test.

For legal testing, trained sample collectors follow strict chain of custody conditions to ensure the correct person has provided the DNA sample.

The sample collector will inspect ID and make sure consent forms are signed. Photographic evidence is also required for legal cases, such as immigration.

As the name implies, a peace of mind paternity test is different to a legal test, as these tests are done for your personal use only and cannot be used in legal proceedings. However, consent is still required for a peace of mind paternity test.

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