With the number of marriages and civil partnerships dwindling over recent years, there has been a steady increase in the amount of children being born to unmarried couples. In 2021, and again in 2022, births taking place outside of marriage outnumbered those within marriages – 51% to 49%. This shift is notable when you consider the statistics from 2003, where the situation was almost reversed – 59% births within marriage, 41% born outside of it.
With the number of marriages and civil partnerships dwindling over recent years, there has been a steady increase in the amount of children being born to unmarried couples. In 2021, and again in 2022, births taking place outside of marriage outnumbered those within marriages – 51% to 49%. This shift is notable when you consider the statistics from 2003, where the situation was almost reversed – 59% births within marriage, 41% born outside of it.
If you are experiencing issues with your relationship and you feel you need legal advice to resolve matters, contact specialist family solicitor Maria Coster of Stowe Family Law. Maria has an excellent record in family law matters as well as being involved in a number of complex cases involving issues such as domestic violence, substance misuse, and parental alienation.
Why is DNA testing ordered in family proceedings?
Although most times DNA testing is used to confirm the identity of a child’s biological father, in rare cases it can also determine the mother, too. For example, in immigration cases where the mother is moving to the UK, a test may be required to confirm the biological connection.
If the father knows or suspects the mother had more than one partner around the time of conception, they may have doubts about the child’s parentage. By the same token, the mother may also not know who the child’s biological father is, either. Other family members, such as grandparents and siblings, can also use DNA testing to establish their relationship to the child.
How reliable is DNA testing?
Test results are 99.9% accurate in establishing that an individual is the father, and 100% accurate in proving that someone is not the biological father. More detailed testing can identify paternity, where there is more than one possible father, and they are related. The only limitation is if the potential fathers are identical siblings, which would require a level of testing that is not currently commercially available.
Does consent need to be obtained?
If a DNA test has not been ordered by the court, then you will need to obtain the consent of all those who hold parental responsibility before taking the test. If they refuse, then you can apply to the court to seek a DNA test. This is known as applying for a Declaration of Parentage. If there are ongoing court proceedings, such as during a contact dispute, then the court can order DNA testing if either party raises doubts over a child’s paternity.
It is important to remember that written consent (a signature) must be given by any person aged 16 or over whose DNA sample is being submitted for testing. For a child under the age of 16, consent must be provided by an adult with parental responsibility.
What happens during a DNA test?
Most commonly, a DNA test is done by way of a cell cheek swab and is a quick and painless process for both father and child. It involves rubbing a swab inside your cheek for around 45 seconds before placing it into the testing specimen container. Depending on who is analysing the results, the sample may be taken at your GP practice, at a test centre, or by a CAFCASS officer. The parent and child generally attend separate appointments to minimise the risk of cross-contaminating samples.
Strict conditions in obtaining the sample must be maintained and adhered to, including that the parent must bring photographic ID before providing the sample. A photograph may also be taken during the testing appointment. Any attempt to defraud the court will be treated as contempt and could even result in criminal charges.
An accredited laboratory will then analyse the samples and produce a brief report of their results which will confirm whether there is a biological connection. It generally takes around 30 working days, although results can be obtained more urgently if necessary.
What is an accredited laboratory?
In the UK, laboratories must be accredited by the Ministry of Justice (MOJ) for the results to be suitable for legal cases. It is important to verify the laboratory chosen is listed on the MOJ website. If the laboratory does not have the necessary accreditations, the DNA test results may not be accepted when presented in court.
Who pays for the DNA test?
Whatever your financial circumstances, it is important to use an accredited laboratory in order to ensure the results will be accurate. Since 2015, providing certain criteria are met, the cost of DNA testing through the courts can be covered by the Children and Family Court Advisory and Support Service (CAFCASS). The criteria are:
- There is an application before the court in relation to contact and/or residence
- The question of paternity needs to be answered before the application can be decided; and
- Both parties cooperate to undergo DNA testing. It is important to note that the court cannot compel someone to undergo a DNA test, but if either parent refuses to submit to a test, the court is entitled to draw inferences from their refusal
If the father has been named as such in a dispute over child maintenance and the mother asked for a DNA test, then they will usually be responsible for paying a fee to the Child Maintenance Service (CMS) for the test. If the father is unable to pay the fee, it may be covered by the CMS; however, if paternity is found, the father will be required to repay the costs.
What happens with my personal data?
Your name, date of birth, ethnic origin, and photograph are needed to identify the sample and will be passed onto the laboratory doing the testing. All communications will be by secure methods which comply with government regulations for handling personal data. Your information, including the result of the test, will be sent back to the court and nowhere else without the court’s permission. The laboratory will store the DNA sample for a period of six months, in case of a need to retest, and is then automatically destroyed.
Can the DNA test be faked and what are the consequences?
In a recent case, Georgina Saville, 25, was sentenced to 32 months in prison for falsifying a DNA test to prevent her ex-partner, Kyle Fitton, from seeing their children. The psychology graduate edited an online DNA result to claim her boyfriend was the father of her second child. This act kept Fitton from meeting his daughter for 15 months.
The case arose from escalating tensions after their relationship ended. Saville refused Fitton access to their children and took steps to exclude him legally, including omitting his name from her second child’s birth certificate and filing a fake DNA test during court proceedings. Despite being warned about a potential jail sentence, Saville conceived another child, an act Judge Peter Henry deemed a calculated attempt to evade custody.
The court condemned her actions as “spiteful,” with Judge Henry emphasising the severe impact on Fitton and the children. Fitton, 28, described the ordeal as emotionally and financially devastating. He fought for over a year to prove his paternity and restore his parental rights.
Saville’s lack of remorse further influenced the sentence, as she admitted falsifying the test to reduce legal costs and dismiss Fitton’s claims. Her actions included threats to erase him from their first child’s life entirely.
The sentence highlights the judiciary’s stance on parental manipulation and perjury, ensuring accountability for attempts to obstruct justice. Fitton expressed relief at the verdict, hoping it sets a precedent against similar abuses.
What can I do if I believe the test result is not valid?
If you think there is some reason that your sample may not be valid, you must say so at the time. The sample can be repeated immediately with a fresh sample kit. If you believe there is some other reason the test might be invalid, you should raise this in court, where it will consider whether a retest is required.
Find The Best Divorce & Family Lawyers Near You
We independently review and list the top divorce lawyers and family solicitors in the towns and cities near you. 100% free.
The information on this website is to be considered a guide and is therefore not legal advice. You use this information with the understanding that Wiselaw does not accept liability for any direct or indirect losses as a result of anyone relying on or acting upon the information on this website. Whilst we endeavour to provide accurate information, Wiselaw does not accept liability for any errors or omissions on this website.
