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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 10916
Experience:  30 years as a practising solicitor. Partner in own firm.
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If someone's "biological" father wants their "child" to take

Customer Question

If someone's "biological" father wants their "child" to take a DNA test, but they don't want to, can they be forced to by the courts?
I only ask because someone I know has been threaten this on the phone, but there 20 years old and have no interest in suddenly taking the test.
Both parties are in the UK
Submitted: 2 years ago.
Category: Family Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
A child of any age can't be forced to take a DNA test.
I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.
Thanks for your response, are you able to elaborate slightly? I appreciate the low fee, but I have read online a father has the right to ask for a paternity test, which the courts can inforce in order to determine the biological father for the birth certificate.
Expert:  JGM replied 2 years ago.
That's all fine but the "child" is 20 and no longer a child. That's the difference from what you've been googling.
JGM, Solicitor
Category: Family Law
Satisfied Customers: 10916
Experience: 30 years as a practising solicitor. Partner in own firm.
JGM and other Family Law Specialists are ready to help you
Expert:  Clare replied 2 years ago.
HiIn fact it is open to the "father" to make an applictaion to the court using section 55A of the Family Law Act 1986 for a Court Declaration that he is indeed the father of the person he believes is his son.A DNA test will then be ordered - and if it is refused then the court has the power to decide that the man is indeed the son of the applicant.Clare
Expert:  JGM replied 2 years ago.
My colleague is wrong where the child is in fact an adult. The court has no power to order the "child" to take a DNA test.
Customer: replied 2 years ago.

Thanks both for your replies - having read up on the Section 55a of the Family Act (here https://www.cans.org.uk/notes/family/legitimacy-and-legitimation/9-declarations-of-parentage-legitimacy-or-legitimation ) it does suggest an adult could be asked by the court ?

Expert:  JGM replied 2 years ago.
Thank you. You'll see from that article that the "child" cannot be forced by the courts to take a test which is what your initial question was and what my answer said.
Best regards.
Expert:  Clare replied 2 years ago.
Hi
I have to concede that semantically my colleague is correct - the "adult child" cannot physically be force to take the test.
However if he choses not to then the Court can make an inference and can make a Declaration of Parentage - unless of course there has actually been an adoption
Clare

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