Update: September 2019
A presumption of paternity arises if:
- parents are married to each other. There is a presumption in law that the husband is the father of the child unless it is proved otherwise.
- parents are not married to each other and the father’s name is on the child’s birth certificate.*
*NOTE: Where a father’s name is on his child’s birth certificate this does not give the father any legal rights in relation to his child.
Establishing paternity
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 is afraid the test would show that he is 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.
Declaration of Parentage
There is a procedure available in the Circuit Court called a Declaration of Parentage. A person or persons may apply to the court for a declaration stating that he/she is or is not the father/mother of a child or that they are not parents of a child. The child concerned shall be joined as a party to the proceedings. An application can also be made by the person concerned (the adult child) for a declaration stating that a person named is or is not the mother/father or that persons named are not the parents. This may arise where a parent has died and the child is making a claim on the estate of the deceased parent and paternity has not already been established. It may also be possible to apply for a Declaration of Parentage in relation to a child born outside of the Republic of Ireland. The Declaration of Parentage procedure is not available in relation to a child who has been adopted.
A Declaration of Parentage can be used to add the father’s details to his child’s birth certificate. It does not give the father any legal rights. See sections on Birth Registration and Guardianship.
DNA Testing Procedure
The DNA testing procedure is carried out generally using mouth swabs (inside of mouth), but testing can also be carried out using blood or hair taken from the mother, father and child. In general the consent of the mother/guardian is required before a child will be tested.
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. Recent photo ID is required if testing is being carried out for legal purposes.
Some laboratories can arrange to have a testing kit sent to a GP of your choice so that samples can be taken. 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 be sent to a laboratory overseas for analysis. Test results should be available within 2 – 3 weeks.
If results are required for court purposes it should be confirmed with the laboratory that they operate to a court approved standard and are appropriately accredited. Where the testing is being carried out for ‘peace of mind’ the procedure is less expensive but it is still important that you confirm with the testing service that it uses a properly accredited laboratory.
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 sections on Birth Registration and Guardianship.
SERVICES
Treoir does not recommend any particular paternity testing service. For your convenience, we have compiled a limited list of accredited testing services. When using a company for DNA testing make sure that it is approved by an appropriate authority.
After the testing procedure has been completed, the samples will be sent to a laboratory overseas for analysis. Test results should be available within 2 – 3 weeks.
Information on testing services was updated in February 2015
CORK
DNA Ireland
Vicar’s Road, Cork
Tel: (021) 4965809
Contact: Lucy Gaffney
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: €449 court approved test. €209 peace-of-mind test.
DUBLIN
Alpha Biolaboratories – Dublin 2
Tel: 01 402 9466 Fax: 01 402 9590
Email: info@alphabiolabs.com
Website: www.alphabiolabs.ie
Referral: Self Referral / GP / Solicitor / Barrister
Type of Sample: Buccal (Mouth) Swab
Age of Child: Any age
Approved: Ministry of Justice (MoJ) and UKAS accredited
Cost: Peace of Mind €190, Legal €395 (Putative father, Mother and Child)
Additional Information: Results are usually available within 1 working day from date samples are received into laboratory.
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. (mouth)
Age of Child: 2 weeks
Approved: UKAS and ISO 17025
Cost: €240 for ‘Peace of Mind’ testing. €450 if results required for court procedure. €120 for additional alleged fathers.
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 Mouth Swab
Age of child: Any age
Approved: UK’s Lord Chancellor’s Office
Cost: €600.
easyDNA Ireland
Tel: (01) 6856929
E mail: info@easydna.ie
Website: www.easydna.ie
Referral: Self Referral / GP / Solicitor
Type of test: Blood or Swab
Age of child: Any age after birth. Approved: ISO17025 & MOJ accredited
Cost: Legal cases €399. €169 where not required for legal purposes.
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.
Ormond Quay Paternity Services (OQPS) – 6-9 Trinity Street, D2
Tel: ( 01) 4877794
E-mail: info@oqps.ie
Website: www.oqps.ie
Referral: Self referral / GP / Solicitor / Courts
Type of Test: Cheek Swab. Samples collected by nominated GP for legal cases. Clients may collect their own samples with home test kit if results are not required for court purposes.
Age of Child: Any age after birth. Mother’s consent is required for all children under 16 years of age.
Approved: UK Laboratory. Accredited by UKAS to the ISO 17025 International Standard
Cost: Legal Cases €535, €150 for additional persons. €185 where not required for legal purposes, €80 for additional persons to be tested.
Treoir
Federation of services for unmarried parents and their children
Tel: 01 670 0120, info@treoir.ie | www.treoir.ie
The Legal Aid Board
Locall: 1890 615 200, Tel: 066 947 1000, info@legalaidboard.ie | www.legalaidboard.ie
Free Legal Advice Centres
LoCall: 1890 350 250, Tel: 01 874 5690| www.flac.ie
Download our InformationLeaflet on Establishing Paternity HERE
Download our Information Pack for Unmarried Parents here
Note:
Treoir 2019
While every effort has been made to ensure that the information on this webpage is accurate, no responsibility can be accepted by Treoir for any error or omission.