DNA Paternity Testing
A DNA paternity test is a scientifically reliable method to determine whether a man is the biological father of a child. For residents of Delft, this is commonly used in disputes over parentage, child support, or inheritance matters. The test can be conducted voluntarily or by order of the District Court of The Hague, which handles cases from Delft.
What Does a Paternity Test Involve for Delft Residents?
In the Netherlands, including Delft, a paternity test examines the DNA of the child, the mother, and the alleged father. By comparing DNA profiles, accuracy exceeds 99.99%. This falls under family law and is crucial for legal establishment of paternity before the District Court of The Hague.
The test focuses on short tandem repeats (STRs), specific DNA patterns. A match virtually excludes all other candidates.
Legal Regulations for DNA Testing in Delft
The foundation lies in Dutch Civil Code Book 1 (BW Book 1):
- Art. 1:207 BW: Judicial establishment of paternity via the District Court of The Hague.
- Art. 1:208 BW: Proof using DNA testing.
- Art. 1:199a BW: Denial of paternity with testing as an option.
Voluntary tests are not strictly regulated, but for legal validity, they must comply with the NEN 15216 standard and be conducted by an RvA-accredited laboratory.
Practical Process of a Paternity Test
Step-by-step:
- Sample Collection: Non-invasive via buccal swab. For infants, blood or umbilical cord samples may be used.
- Laboratory Analysis: DNA extraction, PCR amplification, and analysis via electrophoresis. Results in 1–4 weeks.
- Outcome: Provided with a probability score for paternity.
Voluntary vs. Court-Ordered Testing
| Aspect | Voluntary | Court-Ordered |
|---|---|---|
| Costs | €300–€800 | Usually borne by the applicant, sometimes reimbursed |
| Legal Weight | Limited, if accredited | Legally binding |
| Mandatory | No | Yes, via District Court of The Hague |
| Refusal | No penalty | Presumption of paternity |
Practical Examples from the Delft Region
Example 1: Mrs. Jansen from Delft questions the paternity of her ex-partner regarding her 5-year-old son. She initiates proceedings through the District Court of The Hague. The test excludes the ex (0% probability), paternity is denied, and child support is terminated.
Example 2: Mr. De Vries from Delft faces a claim from an unknown mother. Initially refusing, the District Court of The Hague interprets this as evidence and orders €500/month. The DNA test confirms paternity (99.99%).
Example 3: In cross-border paternity cases, such as a child from abroad with ties to Delft, the Hague Convention on the Civil Aspects of International Child Abduction may facilitate DNA testing.
Rights and Obligations in Paternity Testing
Rights:
- The mother, child, or alleged father may request a test through the District Court of The Hague.
- Medical objections are possible but rarely accepted.
- Children aged 12+ must consent (Art. 1:253a BW).
- Attend sample collection.
- Bear costs if the losing party.
- Follow the outcome, e.g., updating legal recognition.
Frequently Asked Questions About Paternity Testing
Can I conduct a test without informing the father?
No. For legal validity before the District Court of The Hague, cooperation or court-ordered participation is required. Anonymous tests lack legal standing.
What if the father refuses?
The District Court of The Hague applies the presumption of paternity (Art. 150 Dutch Code of Criminal Procedure), often resulting in legal recognition.
Is the test 100% accurate?
Nearly: >99.99% for matches, 100% for exclusions in accredited labs.
Is post-mortem testing possible?
Yes, using DNA from hair, nails, or blood, with consent from relatives.
Tips for Delft Residents
- Start with the Delft Legal Aid Office for free assistance or consult a family law attorney.
- Choose RvA-accredited labs like DNA Direct for reliability.
- Consider emotional support via the Municipality of Delft or Veilig Thuis.
- Link to child support.
- International cases? See international family law.
This overview is tailored for Delft. For advice, contact the Delft Legal Aid Office or the District Court of The Hague.