What are paternity tests?

Paternity tests prove parentage by analysing DNA within samples provided by the family members. By looking at specific DNA markers in each sample, it is possible to identify which half of the child’s DNA is inherited from the mother and which half is from the father. When testing a biological father, both child and father will share identical sections of DNA at each marker. When the tested man is not the biological father there will be differences in the DNA. The results are 100% accurate.

There are two types of paternity tests available: Peace of Mind and Legal. Peace of Mind DNA testing kits can be easily acquired at local High Street stores2 such as Home Bargains, or they can be posted direct to your home from our testing laboratory. Full instructions tell you how to simply and painlessly collect your DNA samples (usually cheek buccal cells) using the swabs contained in the kits. After returning the samples to our in-house laboratory for analysis, the results are available the next working day, or even same day if needed. These types of home testing kits start at £99.

Legal paternity tests are needed to stand as evidence in court. To comply, they must be performed under specific instructions, known as chain of custody. Trained sample collectors ensure that the correct individual is providing the sample by checking ID, taking photographs and getting signed paperwork. In other words, the DNA sample does not leave the custody of those who are legally responsible for ensuring the authenticity of its results. These legal tests could still be done in your own home, but a sample collector would need to attend. The collectors pass the samples to AlphaBiolabs, an accredited testing company, to carry out the tests and to provide a report. AlphaBiolabs is accredited by the Ministry of Justice3 and has its own website where further information on paternity testing is available including the cost. Legal samples can also be taken for free at one of AlphaBiolabs’ Walk in Centres.4

Anyone with a ‘sufficient personal interest’ (including the Child Support Agency) can apply to the High Court, a County Court or a magistrate for a declaration of parentage. There are various pieces of key legislation which determine how courts approach disagreements between parents about their children.5 The main one is the Children Act 1989. It has been updated by subsequent Acts of Parliament, most notably the Children and Families Act 2014, but remains the most important part of the law for separated parents. The court may issue a direction that DNA tests are performed to determine parentage. The consent of a child under 18 years old is not required, only the consent of the person having ‘care and control’ of him or her. If that person does not consent then the court may arrange for the sample to be taken if it considers to do so would be in the child’s best interests. In other words, a mother could be forced to undertake a paternity DNA test.

A mother could refuse a Peace of Mind paternity test. However, a mother’s permission is not needed and the DNA test could still be performed if the father has parental responsibility for the child. Samples can just be analysed from the alleged father and the child. No DNA sample is needed from the mother. However, the Human Genetics Commission and the Department of Health both recommend that the mother should be at least aware of the test if not directly involved and it is viewed that motherless testing could be “harmful to the child, as well as the family unit as a whole”. All reputable testing laboratories would strongly recommend the inclusion of the mother’s sample for this reason alone; however, there are also scientific reasons to include the mother in a test. When the mother is included it is possible to identify which of the child’s DNA comes from her, leaving the paternal DNA to compare against the alleged father. Probability of paternity can thus be calculated with much greater certainty when the mother is tested.

Regardless of who is instructing the paternity test, written authority is needed from any adult whose samples are provided for DNA testing, and it is a criminal offence to take such a sample without consent. Only those who have parental responsibility for the child are able to give permission for the child’s DNA to be used in the test.6

Peace of Mind paternity tests are the cheaper option but are for personal information only. They cannot be used in a Court of Law or for any legal reasons. If a family wanted to amend a child’s birth certificate, for example, then a Legal DNA test would be required, following the chain of custody conditions are outlined above.