Petition to order a genetic examination to establish paternity

When resolving issues related to paternity and maternity in court, the parties in almost 100% of cases need to file a petition for genetic examination. These include claims to challenge paternity or maternity, to establish paternity, including as part of the collection of alimony, and to establish family relations.

Genetic examination is one of the types of medical examination. If there is information on the website about the application for a medical examination, why cover it separately? The range of questions that will be put to the expert for resolution is significantly smaller in genetic examination.

:

Petition to order a genetic examination

Briefly about the examination

Expert opinion

Stanislav Evseev

Lawyer. Experience 12 years. Specialization: civil, family, inheritance law.

A DNA test is provided to establish paternity. The test allows you to establish the presence of a relationship between a child and a man with 99.9% accuracy. Therefore, the results of the analysis are the most accurate evidence in the process.

The law does not establish the priority of evidence. Therefore, the result of the analysis is not considered more significant evidence than the rest.

Purpose and objects of examination

A specialist’s opinion is required to establish the fact of biological relationship, the origin of one person from another when paternity or maternity is disputed, to identify a deceased child with relatives, to establish paternity after the death of the father, to confirm the fact of a medical error, to identify traces of a crime. In judicial practice, one of the types of examination is DNA research, but most often these concepts are perceived as identical. The conclusion allows us to establish with certainty the objective circumstances of the case.

The objects of genetic examination research are saliva, blood, and mucus. Samples are taken directly during the court hearing or the parties undertake to appear for sampling at a special institution within the agreed time frame. A party’s refusal to provide genetic material may be regarded by the court as confirmation of the plaintiff’s arguments.

Procedural legislation does not provide for the possibility of ordering a repeated genetic examination to establish kinship between the same subjects.

Who is doing the research

In [current_date format='Y'] there are many private and public medical organizations that specialize in conducting examinations. However, not all of them can carry out research for courts. Therefore, if the defendant submits to the court the results of an analysis that was carried out in a clinic that is not accredited for the court, they may not be accepted for consideration.

The court entrusts research only to organizations that have special accreditation. The results of the analysis are not handed over to one of the parties. The specialist sends the report directly to the court.

Common Questions

The accuracy and completeness of an expert's opinion in the context of a particular case depends on correctly formulated questions. The applicant’s side is responsible for drafting the petition, but in some cases the court, at its discretion, can adjust and supplement the wording. Most often, to identify genetic information, the expert is asked the following questions:

• Do the provided DNA samples from earwax, saliva, blood represent the genetic data of a particular subject?
• Is a particular subject the biological father (mother) of the child?
• Did the pregnancy result from sexual intercourse with a specific person whose DNA samples were provided for research?

Appointment of examination

The procedure is appointed at the request of one of the parties or at the initiative of the court. The judge initiates a DNA test if the remaining evidence does not provide an accurate picture.

If the test is ordered by the court, the cost of the procedure is borne by the plaintiff. The plaintiff also pays if he files the petition himself.

If the petition is filed by the defendant, then the payment is borne by him.

In 2021, the cost of testing is from 13,000 rubles.

The prevailing party may recover its test costs and attorney's fees.

What does genetic testing show?

By taking a DNA paternity test, you can get answers to the following questions:

• the alleged maternity/paternity of the person who provided the biological sample and the child is confirmed or refuted;
• if maternity/paternity is not refuted, then what is the probability that the result of the examination is not a random coincidence of the individual genetic characteristics of persons who are not relatives (expressed as a percentage).

Often, to conduct this study, a buccal smear (obtaining epithelial cells from the inside of the cheek using a cotton swab), capillary blood in an amount of 0.4-0.5 ml, dried blood spots on a clean paper napkin or gauze disk are used as biological material. salivary fluid, trimmed nails and hairs with preserved follicles. If it is not possible to obtain the listed materials, then other biological samples can be used.

Taking a buccal swab for DNA testing

To understand the intricacies of a DNA paternity test, prospective relatives must contact a laboratory to provide samples or order an individual kit to obtain them at home.

Using the hair shaft is not the most informative material, since it contains a fairly small amount of nuclear DNA, but there is a sufficient amount of mitochondrial deoxyribonucleic acid. This type of DNA is passed from mother to child, so the hair shaft cannot be used to determine paternity. However, this biological material is informative when it is necessary to confirm/refute maternity.

Sample petition to order a DNA paternity test

Data that the document must include

Sample petition to order a DNA paternity test

Studying the petition in court

Often, courts accommodate the initiators and approve requests for genetic analysis. Despite the fact that the expert opinion is considered one of the main pieces of evidence, the convincingness of the results of genetic research is quite difficult to overestimate. During trials that are directly related to the determination of paternity or maternity, it is considered a significant evidentiary fact.

Also, importantly, the request to order a genetic study is studied in the judicial process, taking into account the expressed opinions of the parties involved. Various types of objections raised regarding the analysis are recorded in writing or displayed in the documentation of the trial.

The main decision on conducting this research and its necessity is made by the court through a court order. If one of the parties refuses to carry out the examination, then, according to the current legislation, the court will take into account the established fact due to which the research was carried out.

Only highly qualified specialists with special knowledge and well-equipped laboratories are engaged in such research. Through this, experts obtain an accurate and reliable result.

Timing and cost of DNA paternity test

The average cost of a genetic examination is 20,000 rubles. It can only be carried out in a private laboratory, so the price depends on the institution to which the defendant applied to submit biological material.

Study of DNA loci during genetic examination

The duration of a DNA test is usually from 5 to 9 days. However, obtaining results can be accelerated if the customer wishes and makes an additional payment, according to the laboratory’s price list.

The procedure for conducting genetic testing

To understand how to correctly perform a paternity test in compliance with all the subtleties, you need to follow the following algorithm regarding the court decision:

1. The plaintiff must file a petition for genetic testing.
2. The judge issues a ruling determining its conduct, the date, time and place of collection of biological material.
3. Participants in the process submit documents identifying their identities.
4. The collection of biological material is carried out by an independent person (collector), who is a doctor or lawyer. After the envelopes are sealed, they are signed and stamped by a third independent person.
5. Afterwards, a protocol is drawn up, which is confirmed by the signatures of the study participants and the collector.
6. The resulting result is a document of 20 sheets, which reflects the conclusion of a genetic examination, photos of alleged relatives, their genetic profiles and an electropherogram.
7. The conclusions of the study are announced exclusively at the meeting.

How the examination is carried out: description

Genetic testing can be carried out in any medical institution with the appropriate license.
DNA test procedure:

1. Mother and child go to a medical facility where a test is taken. Biomaterials are usually used from the mucous membranes: the expert takes them by running sterile cotton swabs along the inner surfaces of the cheeks of a man and a child.
2. The materials are sent for research. When the results are ready, the parties receive forms containing information about the participants. When confirmed, the relationship is indicated in the document as a percentage (approximately 95-99%). There is no rounding to 100% because it may be that the man being studied has a twin brother who has an identical set of genes. Such cases are 1 in a million, but they do happen.
3. The results obtained are sent to the court, and a decision is made on their basis.

Methods of conducting research

Usually, for analysis, epithelial particles are collected from the inner surfaces of the cheeks of the subjects being studied - a potential father and child. Experts may take blood, skin particles or other biomaterials.

If it is necessary to establish paternity during pregnancy, from 9-10 weeks you can use a non-invasive method: a specialist takes blood from the mother, then the plasma is separated in the laboratory, and the DNA of the fetus itself is isolated. There is no point in conducting analysis before the specified period: there is a possibility that the results will be incorrect.

What is needed to take the test?

To carry out the analysis, parents just need to bring with them:

• passports,
• court ruling ordering an examination,
• documents for the child.

If he is under 14 years old, he will need a birth certificate, or more - an identity card.

Currently, DNA testing is carried out by taking material with cotton swabs from the mucous membranes of the cheeks, but hair, blood and other biomaterials can be used. There is no need to take them yourself: everything is done in a laboratory under the supervision of a specialist.

Timing of the examination

The timing depends on the specific technique. On average, the conclusion is issued within 5-10 days.

Anonymous examination

The alleged father can contact the medical center for an anonymous analysis. The results and other documents contain minimal information about the participants; the procedure is carried out without the knowledge of the mother and child.

You can visit an institution providing such a service yourself, taking only hair with roots or other available biomaterial from the child and providing yours.

Due to anonymity, the results of such an examination cannot be added to the case file, but failure to confirm paternity will become grounds for challenge.

Who should pay for a court-ordered DNA test?

Reimbursement of the amount spent on genetic testing to determine paternity is assigned to the defendant. The situation is as follows: for example, if the child’s mother requested a DNA test, then she must pay for the procedure. After documenting her words, the mother receives full compensation for the money spent on the procedure.

In a situation where the petition is subject to partial satisfaction, the cost of the genetic examination is evenly distributed among the participants in the trial.

Twins

There are two types of twins - identical and fraternal. Identical twins occur when a fertilized egg divides and each daughter cell gives rise to a separate organism. Identical twins are always of only one sex and are genetically almost identical. Fraternal twins can be of the same or different sexes and will have significant differences in their DNA structure. Using advanced molecular genetic technology, we are able to determine with 100% accuracy whether two twins are identical or fraternal. For analysis, DNA samples of two persons who are in an alleged blood relationship are required.

Features of genetic testing for paternity

You can collect the material at home using a disposable kit or in the laboratory, where specialists can perform all the steps without errors. A buccal smear can be used as a primary material; seminal fluid, blood, hair, nails, etc. can be used as a non-standard material.

The time required to obtain the result can vary from 4 to 9 days (depending on the time available to the customer).
The result of the DNA test is written confirmation of paternity or its exclusion. For more detailed information about the procedure, the client can contact the laboratory. Order a free legal consultation