In what setting can a paternity test be performed?

Verified 11 August 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Genetic testing is permitted only in the context of legal proceedings with one of the following objectives:

Establish or challenge a relationship of parentage
Receive or delete a financial contribution (also called grants)
Establishing the identity of a deceased person, as part of a police investigation

The paternity test can be done using one of the following methods:

The paternity test may be carried out only by technicians specially approved for that purpose.

FYI

no paternity testing can be done before birth.

A person may refuse to submit to a paternity test.

Consent is required to proceed.

However, the judge may consider the refusal as proof of his paternity (or non-paternity, for example in the case of fraudulent recognition).

You can ask the judge for a paternity test if you enter it to establish or challenge a parent-child relationship.

The test may be refused by the judge only on a legitimate basis.

You do not have to gather evidence or clues of paternity to get the test.

You can't ask for an emergency genetic test, in front of the judge hearing applications for interim measures.

FYI

Biological expertise post-mortem This is possible only if the person gave their express consent while they were alive.

The paternity test is ordered by the judge. Assistance froma lawyer is required.

Do a paternity test outside this framework is illegal.

It is forbidden to conduct a paternity test in a private setting, for example, on the Internet or abroad.

The carrying out of a paternity test outside the legal rules is punishable by a penalty one year imprisonment or €15,000 fine.

The following acts are punished in the same way:

Outside the framework of the law, the following acts are punishable by €3,750 fine:

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