How do you get a court ordered paternity test?

A court ordered paternity test is a DNA test that a judge or a state child support agency directs the mother, child and possible father to take. Federal law requires every state to have a process for it. In a contested paternity case, the state must require the parties to take genetic tests when one of them asks and backs the request with a sworn statement. The test itself is a cheek swab, collected with identity checks and sent to an accredited lab.

Who can ask for a court ordered DNA test

• A judge. In a paternity, custody or child support case, the court can order testing. In Texas, for example, the court must order it when a party to a parentage case asks.
• Your state child support agency. The federal Office of Child Support Services says the child and alleged father take the test at the request of the alleged father, the mother or the child support agency. Either parent can sign up for services at a local, state or tribal child support office, which may charge an application fee of up to $25.
• Either parent, through a lawyer. A parent can ask the court for testing by filing a petition or motion in a paternity, custody or support case.

How to get a court ordered paternity test

1. Pick the route. If you want child support, or want paternity settled without hiring a lawyer, contact your local child support office. If you're already in a custody or support case, ask the court.
2. Make the request. Ask your caseworker for genetic testing, or file a motion with the court. In a contested case you may need to sign a sworn statement.
3. Go to the appointment. Bring government photo ID. In North Dakota, for example, child support staff check ID, photograph each person, swab the inside of each cheek and seal the swabs before sending them to the lab. People can test together or separately.
4. Get the results. The agency or court sends them to the parties. North Dakota says results take about two weeks.

Who pays for a court ordered paternity test?

It depends on who ordered the test and on your state's rules.

• Child support agency cases. Under federal rules, when the agency orders the test and paternity is established, the agency pays, though it may recover the cost from the man who denied paternity. Agencies may also charge a reasonable fee to parents who don't receive TANF or Medicaid. Some charge nothing: North Dakota tests at no cost for parents who receive its full services.
• Court cases. The judge decides. In Texas, for example, the first test is paid in advance by the child support agency if it is providing services, by the person who asked for the test, as the parties agree, or as the court orders. An agency that paid can seek repayment from the man the test identifies as the father.
• A second test. If you dispute the result of a test the agency ordered, you can ask for more testing, but federal law requires the person contesting it to pay in advance.

How much does a court ordered paternity test cost?

Agency fees vary by state. Idaho's child support program, for example, lists genetic testing at $55 per person (effective October 2025). For a private legal test, the lab sets the price. Genetrack Biolabs' 2026 fee schedule lists $290 for one child and one alleged father, plus a $75 collection and witnessing fee for each person collected in the United States. Our guide to how much a paternity test costs has more on prices.

Can both parents agree to a legal test without a court order?

Yes. If both parents agree, they can arrange a private legal paternity test without waiting for an order. It uses the same chain-of-custody process. An impartial collector checks each person's government ID, takes photos, collects the cheek swabs and seals them, and the lab documents every step from collection to report. AABB, which accredits relationship testing labs, says many state laws require AABB accreditation for test reports used in legal proceedings, so check that the lab is on AABB's list.

For a legal paternity test near you, the lab books a collection appointment close to each person, and people in different cities can give samples separately. AABB says its accredited labs can arrange collection nearly anywhere in the world.

What if someone refuses a court ordered DNA test?

An order to test is enforceable. In Texas, for example, refusing can be punished as contempt, and the court can decide parentage against the person who refused. Federal rules also require states to allow a default order establishing paternity when an alleged father is properly served and doesn't respond.

How the results are used

Federal law requires states to admit results from accredited labs as evidence without extra testimony, unless someone objects in writing by a set deadline. Each state also sets a threshold above which the man is presumed to be the father. In Texas, that is a probability of paternity of at least 99% and a combined paternity index of at least 100 to 1. Our guide to reading paternity test results explains those numbers.

Rules on who can ask, who pays and deadlines vary by state. A family lawyer in your state can tell you how they apply to you.

If both parents are ready to test now, you can start without a court order. See our legal paternity test for the next step.

Questions

Can I get a court ordered paternity test without a lawyer?

Yes. Your local child support office can open a case and order genetic testing, and you can sign up for its services yourself.

Can a home paternity test be used in court?

No. Home kits are collected without a witness or identity checks, and Cleveland Clinic notes their results aren't admissible in court. For court, you need a legal test with a chain-of-custody collection.

Does the mother have to be tested?

Not always. In Texas, for example, testing the mother isn't required before testing the child and the possible father. Labs such as Labcorp prefer to include her when possible.

How long does a court ordered paternity test take?

AABB says most tests are reported in a week or less once the lab has all the samples. Scheduling everyone and passing results through the court or agency adds time. See how long a paternity test takes.

Sources

• Administration for Children and Families: How It Works (child support)
• Cornell Law School LII: 42 U.S. Code section 666
• Cornell Law School LII: 45 CFR 303.5, Establishment of paternity
• Texas Legislature: Family Code chapter 160
• North Dakota Health and Human Services: Genetic testing
• Idaho Department of Health and Welfare: Child support fees
• Genetrack Biolabs: Legal paternity test (genetrackus.com)
• AABB: DNA (relationship) testing FAQs
• AABB: Accredited relationship (DNA) testing facilities
• Cleveland Clinic: DNA paternity test
• Labcorp: How DNA testing works (dna.labcorp.com)