Genetic testing and parentage
If you are not sure who the genetic parent of a child is, you generally can ask the court to order genetic testing (a DNA test) as part of a parentage case. But, the judge will look at a number of things, not just genetics, to decide if someone is a legal parent.
Why DNA testing is not enough
The laws that determine who are the legal parents of a child are complicated
In some cases, the law says that someone is the legal parent of a child even if a DNA test shows they are not a biological or genetic parent. In other cases, DNA tests can be ordered by the court to help determine who the parents are and will be very important in deciding parentage.
If a DNA test shows someone is the biological parent of a child, it does not mean they automatically become the child's legal parent. They would still need to take formal steps, like sign a Voluntary Declaration of Parentage or get a court order, to be the child's legal parent.
If a DNA test shows someone is not the biological parent, it also doesn’t automatically mean they aren’t a child’s legal parent. They may be a legal parent under the law, regardless of genetics.
If you have a DNA test done through your local pharmacy, an at-home kit, or at a lab you choose, that test result will likely not be valid in court. And it will not be enough to have someone determined to be a child’s legal parent.
If the private test says you’re the biological parent, you still have to take legal steps in court to establish parentage and be declared a child’s legal parent. If the test says you’re not the genetic parent, it will also not be enough to establish that you’re not the legal parent. For example, if you are paying child support in a case that already said you’re a child’s parent, getting a DNA test on your own, even if it shows you’re not the biological parent, will not be enough. You will have to follow specific steps to ask the court to order DNA testing. And it’s possible that the court may deny DNA testing if the law says you’re already the legal parent regardless of genetics.
Where to get help
Talk to your court's Self-Help Center to understand how DNA testing and parentage laws work. Self-Help staff can provide you with information about how parentage works.