It is possible to conduct a DNA test without the mother’s consent, but it is not likely to hold up in a court situation. 2. Most DNA testing companies will perform this service without a hitch if it is for peace of mind purposes. If a child is under 18, the mother is usually required to provide consent in order to go through with the testing. Please seek legal counsel in your state regarding penalties about being held in contempt of court. An article by Chicago-Kent's Law Professor and Novelist, Lori Andrews, in this week’s Parade magazine discusses the science and ethics of DNA testing on historic or popular figures. It stipulates that "A person commits an offence if he has any bodily material intending": that any human DNA in the material be analysed without qualifying consent, and Hiring a lawyer is optional, not mandatory. Therefore, you will be able to perform a legal paternity test without the mother’s consent. One way is to test one or both of the possible father’s parents or other first-degree relatives such as a brother, sister, or other known child. Paternity Test Without Consent. However, before the Human Tissue Act, it wasn’t illegal to steal DNA and in recent years there have been a number of cases where DNA has been stolen for a secret test. 2 The offence of DNA theft thus applies UK-wide. If you are in need of a court-ordered paternity testing service please do not hesitate to contact our office today at 973-609-5102 to get started today.started. But the days of taking a paternity DNA test without consent have ended. What should be noted is, A father being denied the right to perform a paternity test would depend on your relationship with the mother. If you are not married to the mother, being denied to perform a paternity test on the child is the mother’s right if she is the primary custodial parent. There have been a few high profile cases where bodily samples have been illicitly snatched in order to do a stealthy paternity test. Perform a peace of mind (non-legal) paternity test. A covert test can have massive emotional fallout, especially for the child. If the mother ignores the court order. However, it should be a crime for anyone to send DNA of another to any private organization like ancestry.com without a court order/warrant or the consent of the adult person involved. The only DNA tests that can be performed without consent are peace of mind DNA tests. There are a couple of ways for a father to perform a paternity test without the mother’s consent. DNA tests have never been so readily available and affordable, which means more people might be tempted to obtain a covert or secret test. A DNA test that is covert can sometimes have a malicious or deceitful intent. An alleged father or, the mother must file a paternity petition with the court. We use cookies to offer you a better browsing experience, analyze site traffic, personalize content, and serve targeted advertisements. Email this Page… 01-03-2017, 01:03 AM #1. lawfacts. As we currently understand the paternity acknowledgment guidelines. If you are a man seeking paternity answers through a DNA test, you do notneed the mother’s permission if you are listed on the birth certificate and are considered the legal father. Squabbles over inheritance, child maintenance and adopted children trying to identify their parents have all boosted the popularity of the paternity test. If the judge or magistrate accepts your petition. Then you most likely will be held in contempt of court. DNA Testing Without Consent. If you require a DNA test result to be submitted as evidence to prove a biological relationship then you will require consent for an under-aged child. But such tests need to be carried out with consent and within a clear ethical framework. Anyone holding bodily material without the consent of the person/s concerned, intending to analyse the DNA and to use the results, could be breaking the law. Share. We always recommend that you speak with a Family Law professional to ensure you understand your state’s laws. The Human Tissue Act means it is illegal to: It’s estimated that thousands of paternity tests are taken every year in the UK. It is possible to conduct a DNA test without the mother’s consent, but it is not likely to hold up in a court situation. For example, if you are married the state automatically deems you the legal father of the child. Please do not hesitate to contact our office today at 973-609-5102 to get started. collecting and analyzing this genetic information without consent is startlingly easy to do. Can a father get a DNA test without the mother’s consent? It is unlawful to have human tissue with the intention of its DNA being analysed, without the consent of the person from whom the tissue came. Results 1 to 2 of 2 Is it a Crime to Do a DNA Test Without the Parents' Consent.