Establishing paternity as a part of court proceedings
It may be necessary to establish paternity, where paternity is in doubt, for example in any maintenance, access, guardianship or inheritance proceedings. The majority of these cases are heard in the local district court but can also be heard in the circuit court. The court hearing these proceedings may order that the parents involved undergo paternity testing before an order can be made.
If the court orders that testing be carried out, the court may also direct who is to pay the cost of the service; this may be the mother, the alleged father or shared cost.
Where a person refuses to undergo testing, the court can reach whatever conclusions it thinks proper in the circumstances of the particular case. For instance, if an alleged father refuses to undergo testing, the court might take the view that he was afraid the test would show that he was in fact the father. If it is the mother who refuses the court may take the view that she is afraid that the test would show that the man is not the father.
The Status of Children Act 1987 states that where there is a question of parentage the court may order that blood testing be carried out. However, Irish courts are accepting the results from swab (inside mouth) testing from approved laboratories.
Declaration of Parentage
There is a special procedure available in the circuit court called a Declaration of Parentage which can be used only by the person whose parentage is in question (or by a person acting on her/his behalf). For example, where a parent has died and the child is making a claim on the estate, this procedure can be used to establish parenthood. It is not available to adopted children.
DNA Testing procedure
The DNA testing procedure is carried out on either blood samples or mouth swabs (inside of mouth) taken from the mother, father and child. In general the consent of the mother (and any other guardian) is required before a child will be tested. It could be considered illegal where a child is tested without the consent of the mother/guardian.
Testers would prefer that testing be carried out on the alleged father, mother and child at the same time. If this is not possible they will arrange for the testing to be carried out within a short period of time of each other on the same day. Photo ID is always required to make sure the correct people are providing the samples.
Some laboratories can arrange to have a testing kit sent to a GP of your choice. Check that the GP you choose will provide this service. Alternatively the laboratory you choose may have a list of GPs who will provide the service. Some laboratories have nurses available to travel to a specific location to carry out the testing procedure.
In most cases, where a nurse or a GP is involved in the testing procedure there will be an additional fee.
After the testing procedure has been completed, the samples will then be sent to a laboratory overseas for analysis. Test results should be available within 2 – 3 weeks.
Laboratories should provide a strictly confidential service. If you have any concerns about confidentiality discuss these with the laboratory.
Where results are required for court purposes it should be confirmed with the laboratory that they operate to a court approved standard.
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Note:
Test results from paternity testing cannot, in themselves, be used to add the father's details to the birth certificate nor do they give the father any legal rights. See the sections on Birth Registration and Guardianship.
Services
(all prices quoted are correct at time of publication: February 2011)
When using any company for DNA testing make sure that the company is approved by an appropriate authority.
- Barringtons Laboratories – Limerick
Tel: (061) 490550
E-mail: pam.colbert@barringtonshospital.com
Referral: Self Referral / GP / Solicitor
Type of Test: Blood. Heel prick from a baby. Finger prick from an adult. Off-site kit can be sent to a nominated GP.
Age of Child: 6 weeks or older or at discretion of GP
Approved: South African National Accreditation Scheme.
Cost: €330. €175 for additional alleged fathers to be tested.
- Blackrock Clinic - Co. Dublin
Tel: (01) 2064357
E-mail: creabyn@blackrock-clinic.com
Website: www.blackrock-clinic.com
Referral: Self Referral / GP / Solicitor
Type of Test: Swab
Age of Child: 2 weeks or older Approved: UK's Lord Chancellor's Office
Cost: €630. €150 for additional alleged fathers to be tested.
- Dr. Stephen Murphy - Dublin 18
Tel: (01) 2853666
E-mail: info@paternity.ie
Website: www.paternity.ie
Referral: Self Referral / GP / Solicitor / Courts
Type of Test: Blood or Swab
Age of Child: Any age after birth Approved: UKAS and ISO 17025 Cost: €600 . €200 for additional alleged fathers to be tested.
- DNA Testing Limited - Dublin 8
Tel: (01) 6770766
E mail: philipgoconnell@eircom.net
Website: www.irishdnatest.com
Referral: Self Referral / GP / Courts /Solicitors /HSE Social Workers
Type of test: Blood or Swab
Age of child: Any age Approved: UK's Lord Chancellor's Office Cost: €600.
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- Chemical Analysis Laboratory - Sandycove, Co. Dublin
Tel: (01) 2360755
E-mail: jbloom@iol.ie
Website: www.cal.ie
Referral: Self Referral / GP / Solicitor
Type of Test: Swab.
Age of Child: 2 weeks
Approved: UKAS and ISO 17025
Cost: €400, €750 if results required for court procedure. €150 for additional alleged fathers.
Tel: (021) 4965809
Contact: Lucy Hooper
E-mail: info@dnaireland.ie
Website: www.dnaireland.ie
Referral: Self referral / GP / Solicitor / Courts / Test kit can be sent to a nominated GP
Type of Test: Swab
Age of child: Any age
Approved: US Laboratory with ISO 17025, CAP and AABB accreditations.
Cost: €600 Blood, €600 Swab - both court approved. €375 swab test, where not required for legal purposes (pre and post test counselling available).
- Professor Alan Dobson - Microbiology Deptartment, University College Cork
Tel: ( 087) 6803355
E-mail: a.dobson@ucc.ie
Website: www.cellmark.ie
Referral: Self referral / GP / Solicitor
Type of test: Blood or Swab
Age of child: Any age Approved: UK's Lord Chancellor's Office Cost: €650, €200 for additional alleged fathers. Same cost applies whether you attend laboratory or have testing done at another location by personnel provided by laboratory.
- Ormond Quay Paternity Services (OQPS) - Dublin 1
Tel: ( 01) 8748699
E-mail: info@oqps.ie
Website: www.oqps.ie
Referral: Self referral / GP / Solicitor
Type of Test: Blood or Swab. Samples collected by OQPS doctor or by a nominated GP for legal cases. Clients may collect their own samples if results are not required for court purposes.
Age of Child: Any age after birth.
Approved: ISO & UKAS accredited. Documentation and certificates available on request.
Cost: Legal Cases €650, €110 for additional alleged fathers. €300 where not required for legal purposes.
