DNA testing
In some family court proceedings, there is a disagreement about who is a child’s father. If this uncertainty means a current application for a child arrangements order cannot be decided, the court may order a DNA test. Where a DNA test is ordered, Cafcass will provide this free service to parents involved in family law proceedings.
What is a DNA test?
A DNA test compares a DNA sample from two people to determine whether they are related.
Having a DNA test
DNA Legal are contracted and accredited to conduct DNA testing on behalf of Cafcass. DNA Legal will contact you directly to arrange an appointment.
A sample collector from DNA Legal will attend your home address to conduct the testing.
The sample collector is there to help to make sure the sample is taken correctly and to confirm everyone’s identity.
The adult being tested and the child (with a responsible adult) will be given separate appointments. In most cases, there is no need to take a sample from the child’s mother.
What happens at the DNA test appointment?
- Identity will need to be confirmed for anyone being tested –
- Acceptable forms of ID include: a current passport, driving licence or another form of photographic ID. For children, any form of photographic ID or a birth certificate if you do not have photographic ID.
- A photograph of ID documents will be taken. A photograph of anyone being tested will be taken. You can find more information on DNA Legal’s Privacy Policy. It is important that you remember to bring your identity document (a current passport, a photo driving licence or another form of photographic ID if available) when you come to the appointment.
- You will be asked to sign a declaration and consent form.
- A DNA test is done by taking the sample from a simple cheek swab.
- When a DNA sampler attends your house, they will collect the samples from the people who are required to be tested. In some cases, it may be possible for the DNA sampler to guide the person, or responsible adult for the child, through the process of collecting samples themselves.
- The appointment can take up to half an hour which includes time to complete the paperwork and checks.
- You should avoid eating, drinking (other than water) or smoking for an hour before the sample is taken.
How the DNA test will work
A DNA test is done by taking the sample from a simple cheek swab. This process is quick and painless.
Do I have to attend?
You are expected to attend this appointment as part of the court order. A court order is a legal requirement. Please be aware that if you do not attend, Cafcass are required to inform the court.
DNA Test results
After the sample is taken, it is sent to a laboratory to be tested. The testing process is accurate, confirming with 99.99% accuracy if a person is a child’s biological father.
After the court has ordered a test, it will usually take 30 working days for the report to be received. The results of the DNA test are sent direct to the court. The court will give copies of the report to all parties. Cafcass are not sent the results of the test.
If the test result raises any issues that you need help with, you should contact your local NHS for counselling or other support.
The standard of the testing
The sampling and testing process follows government regulations. The testing laboratory will check that the samples have not been tampered with and will test the sample, with an automatic repeat process if the sample shows that there is no genetic relationship. The laboratory will test up to 67 DNA markers – the highest number worldwide, which means that conclusive results are provided without the need for the mother’s DNA. The testing laboratory that is used is Eurofins Medigenomics Forensik GMBH (Germany) operating as DNA Legal, which is accredited by the Ministry of Justice to carry out these tests to the court standard. Their laboratory has to comply with all the relevant international standards, you can read more about this on the MoJ and DNA Legal websites. All the work of the testing laboratory goes through multiple checks by independent scientific teams to ensure absolute accuracy of results.
The service is only available for any family court cases where there is a disagreement about who is a child’s parent and this disagreement means a current application for a child arrangements order cannot be decided.
HMCTS guidance has been issued to all courts, alongside a letter from the President of the Family Division and our Chief Executive.
In the majority of cases, tests on the child and possible father give the necessary level of accuracy. Courts should not make orders for others to be tested, unless the men believed to be the possible father are genetically related to each other; in such cases, a test on the mother may be needed. Advice can be given by contacting dnasupport@cafcass.gov.uk.
The service is delivered by Cafcass in England and Cafcass Cymru in Wales. Any queries about the service should be directed to dnasupport@cafcass.gov.uk.
It is important that children know the identity of their biological parents and have honest information about the results of the test. It is important for the child that this information is given in a way that does not undermine their relationship with their parents or damage their sense of identity.
When thinking about explaining the test to your child, there are three things you should remember:
- Make sure you are ready emotionally.
Being ready emotionally means acknowledging your own feelings and any negative thoughts about your child’s other parent. It also means being able to manage them so you can stay calm when talking to your child.
You can find more information about listening and communicating with your children, as well as some steps that you can take to help with this, in the Parenting Plan.
It is worth spending some time thinking about how you will tell your child, anticipating their reaction and any questions and being ready to listen to them so that you can respond to what they need.
- Be clear about what taking the test involves.
You can help reassure your child about the test by speaking to them positively, calmly and clearly.
You can explain that the test is quick and easy and advise who will be there to support them. You can also explain that someone will be there to check that the test is done right.
- Think about what is appropriate for your child.
Children need different levels of information depending on their age and understanding, as well as what they know about the dispute between you and the child’s other parent.
It may be helpful to mention that to make a decision, the court must find out lots of information and the test is being done to help the court know more about your family and make the right decision. This places the emphasis on the test being carried out at the request of the courts and why – rather than focusing on you as parents. Approaching it in this way can help to protect your child from the adult issues around their biological parentage.
Once you have chosen the best approach, we know from parents who have been through it that gently sticking to it and staying calm can work well. What you say is of course up to you. You know your child best.
If you have any questions or wish to inform us about any additional requirements or needs, please contact us ASAP by emailing DNAsupport@cafcass.gov.uk or by calling 0300 456 4000.