Can A DNA Test Be Performed Without Consent?

Can a paternity test be performed without consent?

No, legal paternity testing cannot be performed without informed consent, as doing so is illegal and unethical and may incur legal consequences. However, a court can order a DNA test without a person’s consent in certain situations, such as during a criminal investigation or for a legal proceeding.

How the paternity testing process works?

Below is Secure DNA’s process for legal and non-legal paternity testing and the guidelines for consent.

Non-legal DNA Test

A non-legal DNA test is a peace of mind paternity test for informational purposes only. The results from this testing option cannot be used for any legal purpose.

Testing Consent: Peace of mind paternity tests do not require a legal chain of custody (COC) to be established, which requires consent by legal guardians of a child under the age of 18. Please note, performing a DNA test without informed consent is not recommended. The use of DNA samples without permission in your state may have legal consequences.

Currently, there are no specific laws regarding the use of DNA samples without permission. The use of genetic samples is deemed unethical. Please consult a legal professional in your state and inquire about the use of DNA samples without consent.

Looking to purchase an at-home paternity test kit? Click here.

Legal Paternity Test

is a DNA test that establishes a biological relationship between a father and child. This testing option requires the following.

  • Contact our office at 888-970-4211 to schedule an appointment at a facility in network in city near you.
  • A chain of custody be established.
  • All DNA samples are tested and analyzed by our partner The Association for the Advancement of Blood and Biotherapies (AABB) DNA lab.
  • A mother or legal guardian must be present to give consent for children under the age of 18 to perform a paternity test.
  • Both the mother and the father must bring their identification to their scheduled in-office appointment.

Note: Performing a paternity test without consent means your DNA results cannot be used for any legal purpose.

The common uses for legal paternity testing is as follows:

  • Adding a father’s name to a child’s birth certificate
  • Child Custody
  • Child Support
  • Inheritance
  • Submitting evidence to an immigration agency to prove a claimed paternal relationship for immigrant visa acceptance.
  • Social Security Benefits

New York State Residents:

At-Home Non-legal Paternity Tests cannot be sold or performed in NYS. Therefore only legal paternity testing can be performed according to the New York State Department of Health (NYSDOH) guidelines.

Please note: New York State residents must provide one of the following documents in addition to standard identification due to New York State Department of Health (NYSDOH) guidelines:

  • Prescription referral from NYS licensed doctor
  • Court order from a judge
  • Letter from a Family Law Attorney

To schedule an appointment or ask questions about legal DNA testing, call 888-970-4211.

How will my DNA samples be collected?

The method of collection is performed by sterilized cheek swabs for in-office appointments.

At-Home Paternity tests are a self collected testing option where the following samples below can be used.

1. Cheek swabs (can be used for legal and non-legal cases)

2. Whole Blood/Blood Stains (can be used for legal and non-legal cases)

3.Toothbrush (Non-legal use on only)

4.Hair Follicles (can be used for legal and non-legal cases)

5.Earwax (Non-legal use on only)

6. Semen, (Non-legal use on only) etc..

Call 888-970-4211 to learn more or to purchase a kit online today.

What to Expect From Our Service


Secure DNA, provides fast, accurate and reliable results that are trusted by legal and medical professionals. Our process gives you peace of mind, knowing your DNA testing meets your state’s guidelines.

We also recognize that paternity establishment is more than a legal requirement it is a crucial part of a child’s emotional development and self-understanding. This is why all DNA testing services we provide are under the strict supervision of our partner AABB accredited laboratory.

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