DNA paternity testing

~Chameleon~

I need to find out what the procedure is for obtaining a DNA paternity test if the child's mother refuses to co-operate or give consent. I've tried to dig around on the internet but can't really find the information I'm looking for. I'd be most grateful if anyone here could advise or point me in the right direction please. Thanks :A

ParadiseKidd

Ok so I have been through this one with a male friends so-called daughter, a crazy, nasty, non-consenting mother (who knew full well for 6 years the kid wasn't his), and the resulting threat of court action (luckily doesn't appear to have materialized.

The law says that to take the alleged childs DNA you must have parental responsibility by way of marriage at the time of birth to the mother or the following;
Unmarried fathers can acquire parental responsibility for their children in several different ways, depending on when their children were born.
For children born before 1 December 2003, unmarried fathers can get parental responsibility by:

• marrying the mother of their child or by obtaining a parental responsibility order from the court
• registering a parental responsibility agreement with the court or by an application to court

For children born after 1 December 2003, the situation is different. Unmarried fathers can get parental responsibility by:

• registering the child's birth jointly with the mother at the time of birth - this is now quite common and many parents choose to do this
• re-registering the birth if you are the natural father
• marrying the mother of their child or by obtaining a parental responsibility order from the court
• registering with the court for parental responsibility

The law says the following on anyone who takes DNA without consent (i.e. parental responsibility);
The Human Tissue Act and DNA Testing

The Act makes it an offence to have human tissue, which includes hair, nail and gametes in this context, with the intention of its DNA being analyzed without the consent of the individual from whom the tissue came, or of those close to them if they have died. This provision applies UK-wide. Penalties for not obtaining consent are provided.
Section 45 of the Act has a particular relevance to paternity testing given that it covers the non-consensual analysis of DNA. It stipulates that "A person commits an offence if he has any bodily material intending":-

• that any human DNA in the material be analyzed without qualifying consent, and
• that the results of the analysis be used otherwise than for an excepted purpose,

A person guilty of an offence under this section:-

• is liable on summary conviction to a fine not exceeding the statutory maximum;
• is liable on conviction on indictment:-
  to imprisonment for a term not exceeding 3 years, or
  to a fine, or
  to both.
  

It is, however, possible for an individual to obtain a peace of mind test, for example from a reliable provider (on recommendation) like https://www.dna-bioscience.co.uk, by claiming on the consent form that the he does have parental responsibility even if he doesn't. Obviously this breaks not only the law of the Human Tissue Act, but probably comes under some kind of Fraud Law and I would never assist or agree with such law breaking. This is a way of exiting quietly for many men, without ever having to have any more conflict with the mother. As a pregnant woman I find this way out cowardly for the majority of men in the majority of situations, but having experienced the nastiness of a woman who had many children from many alleged fathers, and to know personally the misery she and women like her cause, I can empathise with those men who choose this option in such cases. I just feel so sorry for the children involved.

System

Have I got this right?

To legally question paternity and get a child's DNA sample you must first accept paternity of the child involved ?

~Chameleon~

ParadiseKidd wrote: »

Ok so I have been through this one with a male friends so-called daughter, a crazy, nasty, non-consenting mother (who knew full well for 6 years the kid wasn't his), and the resulting threat of court action (luckily doesn't appear to have materialized.

The law says that to take the alleged childs DNA you must have parental responsibility by way of marriage at the time of birth to the mother or the following;
Unmarried fathers can acquire parental responsibility for their children in several different ways, depending on when their children were born.
For children born before 1 December 2003, unmarried fathers can get parental responsibility by:

• marrying the mother of their child or by obtaining a parental responsibility order from the court
• registering a parental responsibility agreement with the court or by an application to court

For children born after 1 December 2003, the situation is different. Unmarried fathers can get parental responsibility by:

• registering the child's birth jointly with the mother at the time of birth - this is now quite common and many parents choose to do this
• re-registering the birth if you are the natural father
• marrying the mother of their child or by obtaining a parental responsibility order from the court
• registering with the court for parental responsibility

The law says the following on anyone who takes DNA without consent (i.e. parental responsibility);
The Human Tissue Act and DNA Testing

The Act makes it an offence to have human tissue, which includes hair, nail and gametes in this context, with the intention of its DNA being analyzed without the consent of the individual from whom the tissue came, or of those close to them if they have died. This provision applies UK-wide. Penalties for not obtaining consent are provided.
Section 45 of the Act has a particular relevance to paternity testing given that it covers the non-consensual analysis of DNA. It stipulates that "A person commits an offence if he has any bodily material intending":-

• that any human DNA in the material be analyzed without qualifying consent, and
• that the results of the analysis be used otherwise than for an excepted purpose,

A person guilty of an offence under this section:-

• is liable on summary conviction to a fine not exceeding the statutory maximum;
• is liable on conviction on indictment:-
  to imprisonment for a term not exceeding 3 years, or
  to a fine, or
  to both.

It is, however, possible for an individual to obtain a peace of mind test, for example from a reliable provider (on recommendation) like www.dna-bioscience.co.uk, by claiming on the consent form that the he does have parental responsibility even if he doesn't. Obviously this breaks not only the law of the Human Tissue Act, but probably comes under some kind of Fraud Law and I would never assist or agree with such law breaking. This is a way of exiting quietly for many men, without ever having to have any more conflict with the mother. As a pregnant woman I find this way out cowardly for the majority of men in the majority of situations, but having experienced the nastiness of a woman who had many children from many alleged fathers, and to know personally the misery she and women like her cause, I can empathise with those men who choose this option in such cases. I just feel so sorry for the children involved.

Thanks for the info, most of which we'd already dicovered from searching on the internet, hence raising the question here in the hope some legal bod (or someone who has been down this route before) may see it and be able to advise on how we might be able to proceed legally.

Hapless_2

!!!!!! wrote: »

Have I got this right?

To legally question paternity and get a child's DNA sample you must first accept paternity of the child involved ?

No, you can go to court and ask for a court order for DNA testing be made.

We had to and OH had no parental responsibility at all. The judge just told his ex, get the kids DNA done or get arrested for failure to comply with a court order and contempt of court.

And it then has to be done througha court approved DNA testing service.

(or, if you are really desperate and have no shame, Jeremy Kyle)

~Chameleon~

!!!!!! wrote: »

Have I got this right?

To legally question paternity and get a child's DNA sample you must first accept paternity of the child involved ?

Only if he wants to take a sample from a child under the age of 16 without the mother's consent, i.e. the father must have parental responsibility to do so.

In all other cases the mother, or person with parental responsibility, needs to give consent.

What I'd like to know is whether there is any way of forcing the mother to do this (court order or similar) if she refuses to give consent.

ETA: thanks Hapless, we cross-posted.

Hapless_2

~Chameleon~ wrote: »

Only if he wants to take a sample from a child under the age of 16 without the mother's consent, i.e. the father must have parental responsibility to do so.

In all other cases the mother, or person with parental responsibility, needs to give consent.

What I'd like to know is whether there is any way of forcing the mother to do this (court order or similar) if she refuses to give consent.

See post above, the court can order it.

barjam_2

Hapless wrote: »

get the kids DNA done or get arrested for failure to comply with a court order and contempt of court.

And it then has to be done througha court approved DNA testing service.

that bit of info has made my day :j as a member of my family is going to be going to court regarding paternity etc.... and this is exactly what he'll be wanting to hear many thanks hapless

Hapless_2

barjam wrote: »

that bit of info has made my day :j as a member of my family is going to be going to court regarding paternity etc.... and this is exactly what he'll be wanting to hear many thanks hapless

Whether the ex would have been arrested or whether the judge was scaring her I don't know, but it worked.

barjam_2

even if it it's a scare tactic and it works that'll do nicely:beer:

Vomityspice

The court won't force anyone to have a DNA test. However, their is a 'presumptive' test that they do apply.

i.e If you refuse to take a test then the court will 'presume' you have something to hide. If works both ways, so a mother (in a custody dispute) refuses to allow the child to be tested then the father claiming paternity can be declared the father (even thougth he biologically may not be)!