Genetic DNA testing for paternity: grounds for appointment, features of the procedure

Purpose of genetic testing

In most cases, to establish paternity, written evidence, testimony and photographs confirming the cohabitation of a man and woman during the alleged period of conception of the child are sufficient. If there are not enough of them, at the request of the party, a genetic DNA paternity examination is ordered, the purpose of which is to establish the fact of the relationship between the father and the child.

If DNA testing shows that the man is the biological father, the court will decide to establish paternity, even if he denies it.

A woman gets the opportunity:

• collect child support;
• determine the place of residence of the son or daughter, establish the procedure for communication with the father;
• Based on proven paternity, the child will be able to claim the father’s inheritance in the event of death.

Important! If a child was born not in an official marriage, but while living together, the father is established only when the mother and father submit an application to the registry office. Otherwise, the documents indicate the patronymic name given by the mother, and a dash is placed in the “father” column.

In the absence of a confirmed relationship, the woman will not seek child support, because officially his biological father is no one.

The results of the DNA examination fundamentally confirm the relationship between the man and the child; on their basis, the court makes a decision and appropriate entries are made in the registration documents of the minor.

Pre-trial proceedings

This procedure is less painful from an ethical and psychological point of view, since in this case the man recognizes himself as the father.

Therefore, both parties agree to voluntarily do a DNA paternity test.

When paternity is established, in 70% of cases there is no need to go to court, since the man agrees to participate in raising the child, pay official alimony or provide financial support on a contractual basis.

But still, you should not rely on these statistics, and the child’s mother, before conducting the test, should petition the court to order an examination.

Only when the decision is made can you go to the clinic to collect samples. The rest of the procedure is carried out as in the first case.

Cost of DNA paternity test

Prices depend on the specific type of analysis and the pricing policy of the institution.

Table “Approximate cost of DNA test services”

Note! The above prices are only approximate prices. Final prices should be obtained from the clinics. Expertise during legal proceedings will be cheaper.

Who pays for the examination?

According to Art. 96 of the Code of Civil Procedure of the Russian Federation, the analysis is paid for by the party that filed a request for its conduct. This money is recovered from the defendant after winning the case as compensation for legal expenses. When both parties need an examination, the costs are paid by the plaintiff.

If the decision to conduct a DNA test is made jointly by the parents in pre-trial proceedings, they independently decide who pays for it.

Based on Part 2 of Art. 96 of the Code of Civil Procedure of the Russian Federation, genetic examination can be paid for from the federal budget if it is appointed by a judge. However, this rule does not apply to DNA testing.

The examination is paid for from the federal budget when an expert decision is needed by the court. And to establish paternity, the plaintiff must independently prove the existence of a family relationship. The examination is not the most important evidence and is considered on an equal basis with the entire evidence base.

How to challenge paternity in court?

Claim to challenge paternity

How much does the procedure cost?

The cost of the study depends on several factors:

• home visit or visit of the interested person to the clinic;
• the participation of several persons who act as putative fathers;
• type of material used;
• prestige of the clinic;
• region of location.

The average cost of analysis is 0 rubles. There are clinics where the cost reaches 70,000 rubles. Additional fees may be charged for urgency or other circumstances.

Ordering a genetic examination in court: step-by-step instructions

A request to order an analysis may be made in a statement of claim or at any stage of the legal proceedings before a decision is made.

The procedure for ordering a genetic examination:

1. The plaintiff submits an application to establish paternity to the court, and a hearing is scheduled.
2. If the petition was not stated in the claim, but the evidence presented is insufficient to determine the biological relationship, it is sent by the plaintiff or the defendant. If the request is granted, a determination is made to order an examination.
3. Parents and the child are sent to an expert center, where biological material is collected.
4. When ready, the results are handed over to the production party or sent to court.
5. At the re-hearing, the court considers the expert opinion. On its basis, a decision is made to recognize the man as the father of the child if there is sufficient other evidence. It can be challenged within 30 days, after which it comes into force.

Before a decision is made, the recognized father has the right to send a counter-petition to schedule a re-examination in another institution. If the court is satisfied, the analysis is carried out again, and the results are considered at the next meeting.

If a repeated study conducted by a man indicates that he is not biologically related, the decision to recognize paternity is challenged through the appellate authority. If the complaint is satisfied, the case is sent for re-examination in a lower court.

Contents and form of a request to appoint an examination

According to Art. 35 of the Code of Civil Procedure of the Russian Federation, the parties to the proceedings have the right at any stage to file a petition for the appointment of a genetic examination.

It should contain information:

• name and address of the court where it is filed;
• Full name, residential address of the plaintiff and defendant;
• number of the case under consideration;
• circumstances that gave rise to the filing of the petition: for example, the defendant’s objection to recognizing paternity, insufficiency of evidence;
• essence: a petition to appoint an examination to determine the relationship between the defendant and the child (full name, date of birth);
• a list of submitted documents (copy of the application);
• date of compilation and signature of the initiator.

Important! The refusal to satisfy the petition is contested through the appellate authority.

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.

Decoding the results

A conclusion with test results is issued after the analysis. To decipher the results you do not need to have special knowledge. The expert opinion looks like this:

The conclusion states:

• surnames and first names of all study participants;
• dates of birth;
• race;
• date of sample collection and type;
• result (in short: there may be a blood relationship or not);
• more detailed interpretation of the results.

The detailed interpretation will indicate how many DNA segments were compared and the percentage of their matches. The conclusion is certified by the signature of the director and the seal of the clinic.

When deciphering the results, it is worth considering that medical clinics try to be as objective as possible.

The conclusion will read:

1. If paternity is established: “biological paternity of (F.I.O.) in relation to (F.I.O.) cannot be excluded.” Next, the percentage of probability of paternity will be indicated. The maximum percentage of matches is 99.9%. One tenth of one percent is not excluded if the potential father has a twin brother.
2. If the test result is negative: “(F.I.O.) cannot be the biological father of (F.I.O.).”

Accuracy of the study

A DNA test is the only method of testing paternity that is erroneous in a minimal number of cases. Moreover, it is accepted by the court as evidence.

A repeat test may be necessary when a mutation has occurred in the parent's germ cells. Then genes that neither parent has may appear in the baby’s DNA.

The only case in which a DNA test to establish paternity is useless is when the potential fathers are twins. The genetic profiles of twins are completely identical and it is impossible to determine the biological father among them.

In all other cases, there can be no error in the analysis results.

Challenging the examination in court

If you do not agree with the expert opinion, you have the right to submit a request to have the analysis repeated at another institution. During the study, different biomaterials are taken: if the disputed examination was done on saliva, then the next one will be carried out on blood.

If the court rejects the petition, you will have to challenge the refusal through a higher authority.

Application form

A request to order a re-examination must contain the following information:

• address and name of the court;
• case number;
• information about the participants in the proceedings: full name, passport details, addresses;
• details of the previously obtained expert opinion, results;
• a request to order a repeat study with or without indicating a specific organization;
• inventory of documents, date and signature.

Lawyer's answers to questions about genetic testing to establish paternity

Is it possible to conduct an examination to establish paternity if the mother is against it?

No, but in this case, on the basis of Art. 79 of the Code of Civil Procedure of the Russian Federation, the court will consider that she has something to hide, and the decision will most likely be made not in her favor.

Is it possible to conduct a DNA examination after the death of the child's father?

Yes. For this purpose, biological samples of the deceased person (if available) or materials from close relatives are taken. The study is carried out using specially selected markers that make it possible to determine kinship. The accuracy of the test is close to 99%.

Is it possible to test DNA for paternity at home?

You have the right to independently take biomaterials at home and send them for research, but the conclusion will not have legal force. The collection of materials should only be carried out by a specialist so that the examination can be used for legal proceedings.

What material is needed to establish paternity?

Usually, sampling is done from the mucous membranes of the cheeks (inner surfaces). Blood, hair, nails, etc. are also taken.

Is it possible to obtain DNA for free through the court?

Yes, if the research is carried out on the initiative of the court, or the initiator has a poor financial situation, and the court considers it necessary to finance the analysis from the budget. An appropriate determination will be made regarding this.

Where is the analysis done and how can it be done anonymously?

DNA testing is carried out by both government experts and private clinics.

To do a paternity test anonymously, just contact any laboratory that conducts paternity tests and pay for the test. In this case, the fact of testing and its results will be confidential. Modern private clinics highly value customer loyalty: by agreement, an envelope for sending materials and an expert opinion can be handed over at any place convenient for the client.