The short answer to all of these questions is No. I will explain why.
Does The Court Need To Know Who My Baby's Father Is?
In Court proceedings there is a presumption that it is in the best interests of a child to establish who the father is. This is not based on any wish to invade your privacy. It is because it is important for children to understand their identity, their ethnicity, and to know who their father is. This is true even if he doesn’t play any part in their lives or if he is not a good person. There may also be genetic or health related reasons why this is important.
Do I Have To Agree To A DNA Test In Court Proceedings?
DNA testing is routinely carried out in care proceedings or following an application for contact or parental responsibility. You cannot apply for DNA testing by the Court if there are no other proceedings. Whether the cost can be met by public funding (legal aid) will depend on the type of proceedings and the circumstances of the case.
The Court cannot force a woman to name the father of her child. Sometimes a mother may simply not know because the baby was born following a one-night stand, or a rape, or because of the number of sexual partners she had around the time of conception. If a potential father comes forward, or is named by others, then the Court will try to establish if he is the father.
What Is A DNA Test?
DNA testing is done by a simple mouth swab, which is like a large cotton bud swiped around the inside of the cheek. The cells obtained are then tested in a laboratory. It is important that there is no risk of contamination or fraud. DNA testing should always be done by a professional company, not by a testing kit bought over the internet or from a high street shop.
The Court may order DNA testing in ongoing proceedings even if a parent disagrees. You can refuse to give a sample. A sample cannot be obtained against your will. The Court can order a sample be obtained from a child even against the wishes of a parent if the Court believes that this is in the child’s best interests.
It is more straightforward and reliable to test the child, mother and potential father. However DNA testing can go ahead without a sample from the mother. There are also circumstances when it can go ahead without a sample from the father. Other family members such as the putative father’s brother or parent may be tested.
Care Proceedings & Establishing Paternity
The other reason why establishing paternity is important in care or adoption proceedings relates to the father’s family. The Court has a legal duty to consider whether there are any family members who can care for a child. This is especially true if adoption is being considered as a possibility. The Local authority will want to assess the father and any of his family who are interested in caring for a child in the short or long-term. If you are the mother of a child facing adoption, then it may be better for you, as well as your child, for them to be placed with a member of the father’s family, as this may mean you can remain involved in your child’s life and continue to have contact with them. This is much less likely if your child is adopted.
