How to Obtain a DNA Test Through the UK Courts: A Practical Guide for Parents

Paternity disputes are rarely straightforward. Whether you’re a mother seeking child maintenance, a father requesting contact with a child you believe is yours, or someone contesting parentage altogether, the question of biological fatherhood can feel like it’s been hanging over you for months: or even years.

The good news? UK family courts have a clear, fair process for resolving parentage disputes through DNA testing. But here’s what most people don’t realise: you can’t just turn up to court with a home testing kit receipt and expect it to settle the matter. The legal system has specific requirements, and understanding them can save you time, money, and a lot of unnecessary stress.

This guide walks you through exactly how to obtain a court-ordered DNA test in the UK, what the law says, and what happens if someone refuses to cooperate.

The Legal Framework: How UK Courts Handle Paternity Disputes

When parentage is disputed in family law proceedings, the court has two main legal routes to order a DNA test:

1. Declaration of Parentage (Family Law Act 1986, Section 55A)

This is a standalone application where you’re asking the court to formally declare whether someone is (or isn’t) the biological parent of a child. You might use this route if:

• You’re applying for child maintenance and paternity is contested (note: the Child Maintenance Service (CMS) also has its own statutory powers to address parentage/testing issues under the Child Support Act 1991, which is separate from a court-based declaration)
• You need to establish parentage for inheritance or nationality purposes
• You’re a father who wants legal recognition of your relationship with your child

2. During Child Arrangements Proceedings

More commonly, DNA testing comes up as part of ongoing Child Arrangements proceedings: cases where the court is deciding where a child should live or how much time they should spend with each parent. If there’s genuine doubt about who the biological father is, the court can’t make informed decisions about contact, residence, or parental responsibility without first settling the paternity question.

Sections 20 and 23 of the Family Law Reform Act 1969: The Court’s Power to Direct Tests (and What Happens If Someone Refuses)

This is the key legal framework. Section 20 gives the court power to direct that a scientific test (including DNA testing) be carried out to help determine parentage. Importantly, the court cannot physically force anyone to provide a sample: consent is still required under the Human Tissue Act 2004.

However, Section 23 of the Family Law Reform Act 1969 allows the court, where a party refuses to take part (or refuses to allow a child to take part), to draw such inferences as appear proper in the circumstances. In plain English: refusing can seriously damage your position (more on this below).

Why ‘Peace of Mind’ Home Kits Won’t Cut It in Court

You’ve probably seen DNA testing kits advertised online: quick, cheap, and delivered to your door. They’re marketed as a way to get “peace of mind,” and for personal curiosity, they might do the job.

But here’s the problem: home DNA tests are almost never admissible as evidence in UK courts.

Why? Because the court needs to be certain that:

1. The right people provided the samples (no risk of tampering or substitution)
2. The samples reached the lab safely with a proper chain of custody
3. The lab is accredited and competent to carry out forensic-level testing
4. The results are reliable and can withstand legal scrutiny

Home testing kits don’t meet these standards. There’s no independent verification of who provided the sample, no photographic ID checks, and no legal chain of custody. A court simply can’t trust that the result reflects reality.

Instead, you must use a Ministry of Justice accredited laboratory: one that complies with ISO 17025:2017 standards and can provide a full audit trail. For court-ordered tests, the court will typically direct that testing is arranged through an MoJ-accredited provider (sometimes via a court-appointed case manager/administrator depending on the case and court area).

The Court-Ordered DNA Testing Process: Step-by-Step

If the court orders a DNA test during family law proceedings, here’s what happens:

Infographic placeholder: “Court-Ordered DNA Test Timeline (UK)” — a simple flow chart showing Order → Booking → Sampling → Lab analysis → Report to court, with typical time ranges.

What to Expect at the Testing Appointment

When the DNA sampler arrives, they will:

• Check everyone’s identity using a current passport, driving licence, or photo ID (for children, a birth certificate is acceptable)
• Take photographs of the ID documents and the people being tested
• Collect cheek swab samples using a soft brush rubbed gently inside the cheek (completely painless)
• Ask you to sign a consent form confirming you understand the process

Attendance is mandatory. If you’ve been ordered by the court to provide a sample and you don’t turn up (or you refuse to provide a sample), the laboratory or the appointed case manager/administrator will usually report the non-compliance/non-attendance back to the court: and it won’t reflect well on you.

What Happens If Someone Refuses to Take the Test?

Here’s where things get interesting. As we mentioned, the court cannot physically force anyone to provide a DNA sample. Consent is legally required under the Human Tissue Act 2004.

But refusing to cooperate has serious consequences.

Adverse Inferences (What the Court Can Do If Someone Refuses)

If a parent refuses to take a court-ordered DNA test (or refuses to allow a child to be tested) without a valid reason, the court can draw an adverse inference under the Family Law Reform Act 1969 (including Section 23). Put simply, the judge may conclude that the refusal is because the test would not help that person’s case.

In practice, this can mean:

• If a man refuses the test, the court may be more willing to find he is the father on the balance of probabilities when deciding a parentage issue before it.
• If a mother refuses to allow the child to be tested, the court may draw inferences about why she is refusing, which can affect how the court determines parentage and/or how it manages the wider proceedings.

Crucially, adverse inferences don’t automatically “switch on” child maintenance. Child maintenance is usually handled by the CMS under its own statutory scheme, and the family court’s role is typically to determine parentage (for example via a declaration) and resolve any related family law issues. The court’s factual finding is made on the balance of probabilities, considering all the evidence (including any refusal).

The Best Interests of the Child: The Court’s Priority

Every decision in Children Act 1989 proceedings is guided by Section 1 of the Children Act 1989, which says that the child’s welfare is the court’s paramount consideration.

This applies to DNA testing when the issue arises inside child arrangements proceedings. However, it’s worth knowing that the statutory framework for a standalone parentage application (for example under the Family Law Act 1986) is slightly different to Children Act welfare-based proceedings: welfare is still highly relevant in practice, but the court is also dealing with a specific statutory question about legal parentage. The court won’t order a test just because a parent demands one: it has to be necessary and proportionate in the circumstances. For example:

• If a child has been raised by a man who believes he’s the father, and the child sees him as “Dad,” the court might be reluctant to order a test unless it’s genuinely necessary for the legal outcome (e.g., to decide maintenance or inheritance).
• If the child is old enough to have an opinion, their wishes will be considered: particularly if they’re aged 10 or older.
• The court may refuse a test if it believes the process would cause the child emotional harm without offering any real benefit.

Talking to Your Child About the Test

If your child is old enough to understand what’s happening, Cafcass recommends framing the test in neutral terms:

“The court has asked us to do a simple test: just a cheek swab: so they can make the right decision for our family.”

Avoid discussing the adult conflict around paternity. The test itself is painless and quick, and most children handle it without distress if it’s presented calmly.

Frequently Asked Questions

Who pays for the DNA test?

It’s not universally free. The court will usually direct who pays for the test: it may be shared between the parties, paid by one party, or (in some cases) covered by legal aid if a party is eligible and the funding rules allow it. If you’re arranging a private test through an MoJ-accredited laboratory before court proceedings, costs typically range from £250–£500, depending on the lab and turnaround time.

External reading: The government’s overview of how child maintenance works (and the CMS route) is here: https://www.gov.uk/child-maintenance-service

How long does it take to get the results?

For court-ordered tests through Cafcass, the process takes approximately 30 working days from the date the samples are collected. Some private accredited labs offer faster turnaround (as quick as 2 working days), but you’ll pay a premium for rush testing.

Can a mother refuse a DNA test for her child?

A mother with sole parental responsibility can refuse consent for her child to be tested in a private (non-court) context. However, if a court has ordered the test as part of family proceedings, refusing to cooperate can result in adverse inferences being drawn against her, and the court may proceed on the assumption that the test would have confirmed paternity.

When You Need Legal Support

If you’re facing a paternity dispute: whether you’re seeking to establish parentage, challenge it, or simply want clarity before taking legal action: getting early legal advice can make all the difference.

At Judge Law, we handle family law matters with a clear focus: protecting your rights while keeping the child’s best interests front and centre. We’ll help you understand whether a DNA test is the right move, guide you through the court process, and represent you with both firmness and empathy.

Book a consultation with our team to discuss your situation confidentially. We’ll give you a realistic view of your options and a clear strategy moving forward: no legal jargon, no guesswork.

Final Thoughts

DNA testing in family law isn’t just about science: it’s about what’s fair, what’s provable, and what’s best for the child at the centre of it all. The UK courts have a well-established process for resolving paternity disputes, and while it can feel daunting, it’s designed to give everyone involved a fair hearing.

If you’re in this situation, don’t wait. The sooner you take action, the sooner you’ll have the clarity you need to move forward: whether that’s securing child maintenance, establishing your relationship with your child, or simply knowing the truth.

Need help navigating a paternity dispute? Get in touch with Judge Law today, and let’s talk through your next steps.