Who can request a court-ordered DNA test

Under California Family Code section 7551, any party with a legitimate interest in establishing paternity can request court-ordered DNA testing. This includes:

  • The mother of the child
  • The alleged father (yes, including a man who wants to confirm or rule out paternity)
  • The child (typically through a guardian if a minor)
  • The Department of Child Support Services (DCSS), especially when a public benefits claim is involved
  • A presumed father who wants to challenge paternity
  • In some cases, grandparents or other interested parties

Where to file

Paternity actions are filed in the Superior Court of the county where the child lives. If the child lives in Riverside County, that is the Riverside County Superior Court family law division. Same for San Bernardino, Orange, Los Angeles, and San Diego counties. The Family Court self-help center in each county can help with the filing process if you do not have an attorney.

The forms you need

For a basic petition to establish parental relationship and request DNA testing:

  • Form FL-200: Petition to Establish Parental Relationship
  • Form FL-210: Summons (Uniform Parentage)
  • Form FL-105 or FL-105/GC-120: Declaration Under UCCJEA
  • Form FL-300 (motion): Request for Order, often used to request DNA testing as a specific motion

If child support is involved, additional forms (FL-150 Income and Expense Declaration) come into play. The Self-Help Center at your local courthouse can help identify everything you need for your specific situation.

Filing fees

The filing fee for a paternity petition in California is approximately $435 to $450, depending on the county. Fee waivers are available for low-income filers using Form FW-001 (Request to Waive Court Fees). If you qualify for the waiver, you pay nothing.

If DCSS is involved (because child support is being established), there is generally no filing fee for the parent at all. DCSS pursues paternity establishment as part of their services at no charge.

DCSS as an alternative path

The California Department of Child Support Services will pursue paternity establishment for free if you open a case with them. This is often the easiest path when:

  • The mother is seeking child support from an alleged father
  • The parent is receiving public assistance (Medi-Cal, CalWORKs, etc.)
  • The case is straightforward (one alleged father, no other parentage disputes)

DCSS files the paternity petition, serves the other party, and arranges the genetic testing. The genetic testing through DCSS is also typically free to the parent. Results are reported back to the court, and if paternity is established, support orders follow.

The court hearing

After you file, the court sets a hearing date. At the hearing:

  1. Both parties (or their attorneys) appear
  2. The judge asks whether either side disputes paternity
  3. If paternity is disputed, the judge orders genetic testing under Family Code 7551
  4. The order specifies who pays for testing (often split equally, or assigned to one party initially with reallocation after results)
  5. The order specifies where the testing will be done (an AABB-accredited collection service, with the lab approved by the court)
  6. A follow-up hearing is set to review the test results

The first hearing typically takes less than 30 minutes if both parties appear and the testing question is the only issue.

Chain of custody requirements

Court-ordered DNA tests in California must meet AABB chain-of-custody standards. The collection must include:

  • Government-issued photo ID verification for each adult participant
  • A trained, neutral third-party collector (not a family member)
  • Witnessed sample collection
  • Tamper-evident sealed samples
  • Complete documentation of who collected, when, and where
  • Direct transfer to an AABB-accredited laboratory

This is exactly what a Paternity Verified mobile legal collection provides. Many courts will name us specifically, and many attorneys schedule directly with us for their clients' court-ordered tests.

Costs and who pays

A court-ordered DNA paternity test costs the same as a voluntary legal test: from $399 for two participants. Additional participants are $100 each. Extended travel may apply depending on participant locations.

The court typically orders one of these arrangements:

  • Equal split: Each party pays half upfront
  • Petitioner pays initially, reallocates later: The party requesting the test pays first; the court can shift cost to the other party after results
  • Sole responsibility: The court assigns full cost to one party based on circumstances
  • DCSS pays: When DCSS is involved, the agency typically covers testing costs

After the results come back

Test results return to the court (and to both parties) within 3 to 5 business days of collection. At the follow-up hearing:

  • If the test confirms paternity at 99 percent or greater probability, the court enters a judgment of paternity
  • If the test excludes the alleged father, the case is dismissed as to that party
  • If paternity is established, the court can then move to child support, custody, and visitation orders
  • The judgment can be used to amend the child's birth certificate if needed

What if the ordered party still refuses

If a party refuses to comply with a court-ordered DNA test, the court has the powers described in Family Code section 7558: contempt, default judgment, sanctions, and cost shifting. The most common practical outcome is a default judgment establishing paternity. The refusal does not avoid the answer; it just changes how the court arrives at it.

Court-ordered DNA testing in California is a defined, predictable process. File the petition, attend the hearing, get the order, schedule the AABB-accredited legal collection, and review the results at a follow-up hearing. Most cases resolve within 60 to 90 days from filing.