Court-directed Paternity Testing
What is genetic paternity testing?
Requirements for accreditation
Completing the application form
Representation of accredited status
Background
Courts have a statutory power to direct a scientific test to ascertain the parentage of a child under section 20 of the Family Law Reform Act 1969. The courts usually only find it necessary to use that power when one party does not want testing to be done. If the court does make a "Section 20 direction" then they must choose a tester from a list of accredited bodies that we maintain.
We have certain requirements for accreditation that accredited bodies must meet. The criteria are designed to ensure that the scientific evidence is sound and reliable.
What is genetic paternity testing?
Paternity testing using DNA is a well-established scientific procedure that can identify relationships between people. DNA paternity testing has become cheaper and more widespread. It used to require blood samples, but can now use alternative body samples such as mouth swabs. For evidential purposes, any sample must be taken under controlled conditions.
Paternity testing is often over 99% accurate. If the putative father is not related to the child it is possible to exclude paternity by testing only the child and the alleged father are tested. To prove that a child is related to a putative father samples must be tested from the mother, the child and the putative father.
Remit of the accredited List
The Ministry of Justice (MoJ) maintains a list of accredited bodies to carry out scientific tests for parentage, where the court gives a "Section 20 direction".
The statutory provisions do not apply where parties submit DNA evidence by agreement and without any section 20 direction being given. In those cases it is not essential for such tests to be carried out by a laboratory accredited by the MoJ. MoJ does not have responsibility for DNA testing generally.
MoJ Requirements for accreditation
As a result of a review of the procedures associated with the list, revised criteria for accreditation were agreed in June 2006. The criteria are:
- Applicants must make a written application on a form provided byMoJ, which must be signed and submitted in hard copy.
- Applicants must produce evidence of current accreditation to ISO/IEC 17025 by sending either an original or certified copy of the certificate. ISO 17025 is an international laboratory standard concerning measurement and testing. Applicants must be accredited by an accreditation body which complies with the requirements of ISO/IEC 17011(formerly ISO Guide 58) evidenced by full membership of the International Laboratory Accreditation Cooperation (ILAC);
- Applicants must give an undertaking to:
- comply with the Department of Health's Code of Practice and Guidance on Genetic Paternity Testing Services (or any revised version) when carrying out court-directed tests under Section 20 of the Family Law Reform Act 1969.
- comply with the Blood Tests (Evidence of Paternity) Regulations 1971 (as amended), or any revised version (copies can be obtained from commercial suppliers); and,
- comply with the Department's requirements about how their accredited status is represented in advertising or informational material.
- ensure that the processing of personal data will only ever be conducted where there is an adequate level of data protection, in accordance with the requirements of paragraph 8, Part 1, Schedule 1, of the Data Protection Act 1998 and Article 5 of the European Commission Directive 95/46/EC. All applicants will be asked to attach a statement to their application form setting out how they will achieve this adequacy, and, where applicable, attach a certified copy of their certificate evidencing current membership of a scheme judged by the European Commission to meet the requirements of Directive 95/46/EC.
- only retain personal data for as long as is necessary to serve the purpose of a section 20 direction. The maximum retention periods are 6 months for the retention of a DNA sample and 12 months for the retention of records created as a result of a section 20 court-directed test.
We will consider applications from ISO 17025 accredited laboratories wherever situated, but will not consider applications from, nor permit the use of, intermediary organizations. We conduct annual reviews of the continuing eligibility of each body on the list.
Completing the application form
To complete the application form you must do the following:
- Enter your company name where indicated on the form (this can be done electronically or by hand).
- You should consider carefully whether you can offer all the necessary undertakings.
- Once you have completed and signed the application form please send it with your original/certified ISO 17025 certificate. You will also need to attach your statement of adequacy and (where applicable) a certified copy of your certificate evidencing current membership of a scheme which meets the requirements of Directive 95/46/EC. Your application should then be sent to our contact address which is given below. Please note we do not accept applications by fax or email. We will normally acknowledge the application within one working day of receipt
Representation of accredited status
- Regarding the undertaking on our requirements about how MoJ-accredited bodies represent their accredited status on any promotional material, advertising, or web-site information, statements should be limited to the following:
- Please note that we regard phrases such as 'Government approved', 'Lord Chancellor approved' or 'MoJ approved' as misleading and therefore not acceptable.
- We also believe the expression "Court approved" is inaccurate and misleading because it implies the parentage test results will be automatically accepted into evidence by the court. Bodies are, of course, free to make (accurate) claims about their past performance.
- For clarification, MoJ accreditation only applies where the court has directed tests under section 20 of the Family Law Reform Act. Where the court has not given a Section 20 direction, parties to a case may submit DNA evidence by agreement and in accordance with the case management directions of the court. As with other evidence, it is for the court to consider questions of admissibility and weight.
"[Name of Organization] has been accredited by the Ministry of Justice as a body that may carry out parentage tests directed by the civil courts in England and Wales under section 20 of the Family Law Reform Act 1969".
The MOJ accredits only individual laboratories to undertake section 20 tests directed by the court. Accreditation by the MOJ to undertake DNA parentage testing does not extend to any other laboratory claiming to work in partnership with an MOJ accredited laboratory, unless that laboratory also appears on our list.
Application form
The application form for accreditation is available to download.
Download application form
The accredited list for court directed paternity testing
The list of organizations which are accredited to carry out court directed paternity testing was submitted to the civil (including family) courts on 7 November 2007.
The accredited list
Contact us
Sharon Rowand
Private Law Branch
Family Law and Justice
Ministry of Justice
Post Point 4.23
102 Petty France
London
SW1H 9AJ
Tel: 0203 334 3148
Fax: 0203 334 3147
Email: paternity.enquiries@hmcourts-service.gsi.gov.uk