Legal DNA Paternity Test: What You Need to Know

Questioner

Which legally valid DNA paternity test is admissible in Court, or is accepted as evidence by a judge at all times. I am in a situation where I want to exclude paternity and order such a test via a commercial website. At this moment I do not have a lawyer and have not started legal proceedings. Does that have to be done at Sanquin or does that not matter?

Lawyer

The legally valid and non-legally valid tests are in principle the same. If you are not the child's legal parent now, you cannot have a legally valid DNA test performed. After all, the consent of at least one of the legal parents is required for taking DNA from the child. In addition, it will also have to be checked (doctor, lawyer) that the material to be examined comes without any doubt from you and the child. A DNA test by mail only gives you an indication of whether you are the father, nothing more. However, if you plan to take DNA without parental consent, I advise against it. You will be guilty of a crime.

Lawyer

An addition is appropriate here. My advice is to wait with a DNA test (whether or not in conflict with the rules). If a judge orders an expert to perform a DNA test, for example Sanquin, then such a test is performed on the authority of the judge. The mother cannot object to this. You then have the certainty you are looking for. Does the mother consider you to be the father? And you say that you are not the father? If so, why do you want the DNA test? If you insist that you are not the father, there is nothing wrong for the time being? Or does she want you to pay maintenance costs, i.e. alimony? If so, she must obtain that right from the court and you will then have to deny that you are the father. The court may then order a DNA test. The person who is then wrong (for example, you turn out to be the father after all) will pay for the test. It can cost 1000 euros. By the time you are confronted with such a request for maintenance, you should either call the legal aid desk (0900-8020) or email me directly for further advice and instructions.

Questioner

My ex-wife, the mother of my almost 11 year old child, has more or less admitted to cheating on me in the marriage. This was around the same time our son was conceived. She claims I am the father. Because our son was born in our marriage, I am the legal father and parent with authority. We have been divorced for 5 years now and I have been paying alimony since the divorce. Through a peace of mind test, I recently found out that I am not the father. I can't use this information against my ex. I was advised by the legal aid office. That's why I asked my ex if she wanted to cooperate with a legally valid test and she agreed. Because there is a big difference between commercial tests and those via the Sanquin blood bank, I have submitted this question here. I would find it a shame if 400 euros were paid for a commercial test, if it later turned out that a judge would only accept the one from Sanquin, for example.

Lawyer

The Sanquin test is often used by the courts and can be used. But, my question is the following: do you want to destroy paternity or your son? Because then you have to start a legal procedure in which you show the result to the judge or you let the judge decide that the test is done.