In what setting can a paternity test be performed?

Verified 11 August 2023 - Legal and Administrative Information Directorate (Prime Minister), Ministry of Justice

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:

  • Comparative blood test
  • DNA identification (DNA testing)

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.

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

Who shall I contact

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:

  • Disseminate information on the identification of a person by his or her DNA
  • Conduct an examination of a person's genetic characteristics

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

  • Solicit examination of their genetic characteristics or those of another person
  • Seeking to identify a person by his or her DNA

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