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The court has the power to direct a person to take a scientific DNA test to prove they are the parent of a child. However, this can only be done in conjunction with proceedings where parentage needs to be determined, such as child arrangement proceedings. The order for a DNA test cannot be obtained on its own and must be part of a wider legal process.
If proceedings are coinciding, an individual can apply to the court for a party to take a DNA test. The court can also order for a test to be taken on its own initiative.
If it has been accepted in divorce proceedings that the child in question is a child of the marriage, then a DNA test can’t be ordered. It can only be ordered when parentage is in question.
Whilst the court can order for a party to take a DNA test, if the person refuses, the court has no power to force them. In other words, the DNA test requires consent. The court can, however, draw adverse inferences from the refusal of the test. For example, the court can assume the person has refused the test because they are trying to hide the results.
The court could also order that unless the person takes the test, their case will be struck out. For example, they will not be entitled to proceed with their child arrangements application.
If you wish to discuss your situation or any issues raised in this blog our family solicitors are based in Wolverhampton, Cradley Heath and Sutton Coldfield and serve clients across the West Midlands. For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.