Can a mother refuse to give permission for a paternity test?

Can a mother refuse to give permission for a paternity test?

Yes, a mother can refuse to give permission for a peace of mind paternity test. However, her consent isn’t required if the potential father has parental responsibility for the child, meaning the test can go ahead using just his and the child’s samples.

If the test is ordered by a court as part of legal proceedings, refusal to give consent doesn’t end the matter. The court can direct that a DNA sample be collected for paternity testing if it decides this is in the child’s best interests.

Establishing paternity matters for several reasons. A potential father may want to confirm the relationship so he can pursue contact, or because paternity affects financial support and inheritance rights. Equally, a man may be named as the father and asked for child maintenance despite disputing this, in which case he’ll usually be liable to pay until DNA testing proves otherwise.

A man is the legal father if he’s married to the mother at the time of the child’s birth, or named on the birth certificate, unless this is legally disproved. But being the legal father and being the biological father aren’t always the same thing.

Paternity DNA testing is the only accurate, reliable way to determine whether or not the tested man is truly the biological father.

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Do you need the mother’s sample for a paternity test?

No. AlphaBiolabs doesn’t require or ask for the mother’s DNA sample for a paternity test. Only the potential father and child need to provide a cheek swab sample.

The test compares DNA markers between the two directly: if he’s the biological father, they’ll share enough matching DNA markers to confirm the relationship.

Our standard paternity test is already industry-leading, as it analyses 25 DNA markers (the industry standard is 16-21 markers).

What makes AlphaBiolabs unique is that we can also analyse up to 45 DNA markers. This allows more genetic material to be analysed, which strengthens the result further and provides additional reassurance.

It is also particularly useful in cases where a close male relative may be the biological father of the child.

Explore more articles about paternity testing

Why do mothers sometimes refuse to give consent for a paternity test?

The reasons that mothers sometimes refuse to give consent for a paternity test vary widely.

Examples include:

• Hesitancy about the process itself and what the result might mean for their family
• Not wanting the potential father involved in the child’s upbringing – particularly where the relationship has broken down and both parents have moved on
• Trying to avoid being forced back into contact with an abusive ex-partner

In other cases, the mother may not have revealed who she believes the child’s father is, despite having a strong idea. Or she may have had multiple partners at the time the child was conceived, meaning she genuinely doesn’t know who the biological father might be. 

Whatever the reason, the only way to confirm paternity with certainty is with a DNA test.

What is the legal status of paternity in the UK?

A man is the legal father of a child if he’s married to the mother at the time of birth, or named on the child’s birth certificate, unless this is legally disproved.

However, being the legal father isn’t the same as being the biological father, which is why DNA testing is often needed to answer the question with certainty.

Disputes over parentage are governed primarily by:

• Children Act (1989), later updated by the Children and Families Act (2014)
• Family Law Reform Act (1969) and
• Family Law Act (1986)

Anyone with a “sufficient personal interest,” including the Child Maintenance Service, can apply to the High Court, a County Court, or a magistrate for a declaration of parentage. Where paternity is disputed, the court can direct that DNA testing be carried out.

Consent

Consent is required from or on behalf of each person submitting their DNA for a paternity test, or any other type of DNA relationship test.

Under the Human Tissue Act (2004) (covering England, Wales and Northern Ireland) and the Human Tissue (Scotland) Act (2006), testing someone’s DNA without consent is a criminal offence, known as DNA “theft”, punishable by up to three years’ imprisonment.

Anyone aged 16 or over must provide their own consent for their DNA to be used in testing.  

For a child under 16 years of age, consent must be given by a parent or guardian with parental responsibility, not necessarily the child’s mother specifically.

If the person with care and control of the child doesn’t consent to a court-ordered test, the court can arrange for the DNA sample to be taken anyway if it decides this is in the child’s best interests.

Learn more: Do I need a legal paternity test? Everything you need to know

Can a court order a paternity test if the mother refuses consent?

No-one can be forced to participate in a peace of mind, home paternity test. However, if the mother refuses to allow it, the potential father can still test himself and the child – provided he also has parental responsibility – since the mother’s sample isn’t required anyway.

Where paternity is being decided by a court, the position is different.

Under section 23 of the Family Law Reform Act (1969), if a person refuses to comply with a court direction for DNA testing without a valid reason, the court can draw an adverse inference from that refusal, meaning it can treat the refusal as evidence in itself.

Under sections 20 and 21 of the same Act, the court can also direct that a sample be taken from a child if it decides this is in their best interests, even without the consent of the person who has care and control of them.

In practice, most family courts take the view that establishing a child’s biological identity as early as possible is in the child’s interests. Refusal to give consent rarely prevents a paternity finding from being reached, it just changes how that finding is reached.

What’s the difference between peace of mind and legal paternity tests?

A peace of mind paternity test is self-administered at home for personal knowledge only. You collect the cheek swab samples yourself and post them back to our accredited laboratory, with results available the next business day after we receive your samples.

Because the DNA samples are self-collected, the results can’t be used in court or for legal purposes such as changing the father’s name on a birth certificate.

A legal paternity test is required for anything that needs to stand up in court, including:

• Family law proceedings, such as changing the name on a birth certificate or making child arrangements
• Immigration applications
• Inheritance and probate disputes

For a legal test, the DNA samples must be collected by a professional AlphaBiolabs sample collector under strict chain of custody conditions, checking ID and completing the necessary paperwork to verify consent, so the results are legally admissible.

AlphaBiolabs is UKAS ISO 17025-accredited and approved by the Ministry of Justice to carry out parentage tests as directed by the Civil courts in England and Wales under Section 20 of the Family Law Reform Act (1969).

We are also on the list of government accredited testing laboratories.

Both peace of mind and legal paternity tests are performed to the same high standard at our accredited laboratory, by expert geneticists. The only difference is how the DNA samples are collected, and how the results can be used.

Learn more: Court ordered paternity testing

What happens after the paternity test result?

Whether you need a paternity test for your own peace of mind, or for legal/official matters, the test will either confirm a biological relationship between the tested man and the child or rule him out as the father.

• For a peace of mind test, the result is for your personal information only. It can help you and your family make informed decisions, but it cannot be used for legal purposes.

• For a legal test, the result carries legal weight and can be used where proof of biological parentage is needed, such as changing the name on a birth certificate, to start or stop child maintenance payments, or as evidence in immigration applications/appeals or inheritance/probate disputes.

  Where the tested man is ruled out as the biological father, the result can be used as evidence to challenge an existing presumption of paternity, for example where a man has been named as the father and asked for child maintenance despite disputing this.

In either case, the result of the test doesn’t automatically grant a potential father contact with a child or parental responsibility. Those are decided separately whether through agreement between parents or through the court. 

Beyond the legal and practical implications of paternity testing, courts and psychologists broadly agree that knowing a child’s biological origin matters for their sense of identity. Within the family justice system, it’s generally seen as best for a child’s true parentage to be established as early as possible, to reduce emotional disruption further down the line.

That said, before ordering a paternity test, it’s worth thinking through what the result could mean for everyone involved, especially the child, before testing. Confirmation of paternity can bring reassurance, but it can also be difficult news depending on the circumstances.

Counselling either before or after the test is worth considering for anyone finding the process emotionally difficult.

Learn more: How to ask your partner for a paternity test?

How can I order a paternity test?

It’s easy to order a peace of mind paternity test online, from our accredited UK laboratory.

Your test kit is sent in discreet, plain packaging, and includes everything you need to collect your cheek swab samples and return them to our laboratory for analysis.

If you need a result for legal or official purposes, you will need a legal paternity test.  For a legal test, you also have the option to spread the cost with 6 months’ interest-free credit or pay in 3 interest-free payments with PayPal or Klarna.

For more information or guidance on which test is best for you, call our friendly, discreet Customer Services team on 0333 600 1300 or email info@alphabiolabs.com.

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