Paternity test: the cost and how it works
The reasons for discussing a paternity test are varied – and usually have a bitter aftertaste. There is often a great temptation to have a paternity test carried out in secret. But is that legal? We provide information on how a paternity test can be carried out without the father’s consent.
Paternity test clarifies “cuckoo children”
When a non-biological father raises a child believing it is his own child, it is popularly referred to as a “cuckoo child”. On average 3.7% of all children are said to be such cuckoo children. This was the result of a British study based on various kinship studies from 1950 to 2004. Another study that examined the reproductive behavior of European and American women assumes that even one in ten children is not from their alleged father. This does not mean, however, that all the mothers cheated and were therefore unfaithful and intentionally “cheered” their children on to an alleged father. It often happens out of ignorance.
If there are fundamental doubts about paternity, a paternity test can provide clarity. According to § 1598a of the German Civil Code (Bürgerliches Gesetzbuch – BGB), every doubting person concerned – i.e. the legal father, the mother or the child itself – has the right to have a paternity test carried out.
Procedure for paternity testing
A so-called pedigree report is generally created to determine a relationship between people. Since in most cases it is about determining paternity, the term “paternity test” has become established.
There are various ways of carrying out a paternity test, such as a blood group test or an anthropological-herediological report. However, the most common and safest method nowadays is DNA analysis.
Paternity test by DNA analysis
In order to carry out a paternity test using DNA analysis, a DNA sample from the father and child is required. A sample from the mother is helpful and can contribute to a clearer evaluation. However, it is not absolutely necessary.
DNA samples can be obtained from saliva, blood or hair with a hair root, for example. As a rule, a swab of saliva is taken from the oral cavity with a cotton swab. Handkerchiefs, cigarette butts or glasses can theoretically provide DNA samples for a paternity test. However, these can be mixed with the DNA of other people and thus lead to an inaccurate result.
In the laboratory, the DNA is extracted from the samples and checked for matches based on certain criteria. The probability of paternity is then calculated from the results. In Germany, a probability of 99.9% is considered practically proven paternity.
A special feature is the prenatal paternity test. Paternity is established or ruled out before the child is born. For this purpose, the DNA sample of the unborn child is invasively taken from the mother’s body, for example in the form of amniotic fluid extraction. Note: Since the Genetic Diagnostics Act came into force in February 2010, a prenatal test has only been permitted for sexual offenses.
Secret paternity testing is illegal
As already mentioned, the legal father, mother and child have the right to a paternity test in case of doubt. However, that does not give them the authority to have a test performed on a clandestinely obtained DNA sample. Secret tests are now also prohibited by the Genetic Diagnostics Act. Because a paternity test means an encroachment on personal rights, so the consent of the people involved is required. In the case of underage children, this consent is usually given by the mother. A secret paternity test without consent is therefore illegal and can be reported. Fines of up to 5,000 euros for the person who commissioned the test and up to 300,000 euros for the laboratory carrying out the test are possible.
Unwilling paternity test?
But what happens when a father, mother or child wants to claim the right to a paternity test and does not get consent from one of the other parties? According to the Federal Code, there is then the possibility of replacing this consent at the request of the family court and having a test ordered. A test is only not permitted by the family court if it could be expected to have a significant adverse effect on the well-being of the child.
Guidelines and costs for a paternity test
Since 2011, there has been a regulation that providers of paternity tests must be approved according to the ISO standard 17025. According to this, samples for a test – even when carried out privately – may only be taken in front of neutral witnesses, for example the family doctor, and must be fully documented so that the test is legally valid. Test results from home samples will not stand up in court.
When it comes to conducting a paternity test, it is certainly not always easy to find an amicable solution without the involvement of a court. Nevertheless, it should be tried in the interests of all parties involved. This can not only save a lot of trouble and frustration, the cost factor is also lower with a private test procedure. It costs between 150 and 500 euros from certified providers on the Internet. In the case of a test ordered by a court, the costs of official certification, expert reports, costs for experts and administrative work are definitely higher. The laboratory carrying out the test can provide information about the exact costs.