In what context can a paternity test be carried out?

Verified 06 August 2026 - Public Service / (Prime Minister)

The paternity test is a genetic test that establishes a biological relationship between 2 people.

This genetic test is permitted only in the context of legal proceedings with one of the following objectives:

  • Establish or challenge a relationship of parentage
  • Receive or remove a financial contribution (also known as subsidies)
  • Establish the identity of a deceased person, as part of a police investigation.

This control is explained in particular by the risks associated with the processing of genetic data (disclosure, discrimination, reuse, etc.) and their interpretation, in particular outside the medical context.

When authorized, the paternity test may be performed by one of the following methods:

  • Comparative examination of blood
  • Identification by DNA fingerprints (DNA test).

The paternity test can be performed only by specially approved technicians for this purpose.

FYI  

Paternity testing is not possible in some situations. No paternity test can be performed before birth. In addition, biological expertise post mortem is possible only if the person had given his express agreement in his lifetime.

You can ask the judge for a paternity test if you enter it to establish or dispute a relationship of parentage.

The test may be refused by the judge only on legitimate grounds.

You do not have to gather evidence or evidence of paternity to get the test.

The paternity test is ordered by the judge, after examination of the application.

Assistance ofa lawyer is mandatory.

Please note

You cannot request an emergency genetic test, before the judge for interim measures.

A person may refuse to take a paternity test.

His consent is mandatory to do so.

However, the judge may consider the refusal as proof of paternity (or non-paternity, for example in the case of fraudulent recognition).

Performing a paternity test outside the authorized scope is illegal.

He is forbidden conducting a paternity test in a private setting, for example, on the internet or abroad.

Performing a paternity test outside the legal rules is punishable by the following penalties:

  • 1 year of imprisonment
  • €15,000 of fine.

The following acts shall be punished in the same manner:

  • Disseminate information on the identification of a person by his genetic fingerprints
  • Carry out an examination of a person's genetic characteristics.

Outside the framework provided by law, the following acts are punishable by €3,750 fine:

  • Seek the examination of genetic characteristics or those of another person
  • Trying to identify a person by DNA.

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