Court-Ordered DNA Tests in Georgia: Costs, Refusals, and Admissibility

When there is doubt about a child's biological parentage in Georgia, guessing or relying on family rumors is never a legally sound strategy. Whether you are a mother desperately seeking child support from an evasive father, or a man trying to prove (or disprove) he is the biological parent, you need concrete, court-admissible evidence. Governed by O.C.G.A. § 19-7-43, a formal Petition to Establish Paternity allows a judge to order mandatory genetic testing for all parties involved. Attempting to manage this adversarial process alone can result in dismissed cases or procedural errors. It is highly advisable to search our directory for a local Georgia family lawyer who can effectively file the necessary motions to compel testing.

Step-by-Step Process in Georgia

If you live in Athens, Macon, or Valdosta, obtaining a court-ordered DNA test goes through your local Superior Court or the state child support enforcement agency. The approach your lawyer takes will depend on the age of the child and the level of cooperation from the other parent.

Testing Newborns at the Hospital

Immediately after birth, if the unmarried parents are unsure of the biological connection, it is best not to sign any legal paperwork. Instead, the father should request a DNA swab before claiming paternity. If the mother refuses to allow the newborn to be tested, the father has no immediate rights. He must hire a lawyer to file a petition to establish paternity under O.C.G.A. § 19-7-43 in the Superior Court. Only a Superior Court judge can issue a legal order forcing the mother to present the newborn for a certified buccal (cheek) swab at an accredited laboratory.

Testing Older Children

When a child is older, the dynamic shifts significantly. If a mother applies for state public assistance, the Georgia Division of Child Support Services, Atlanta may automatically initiate a case against the presumed father to recoup costs. In response, the man can file a motion for genetic testing under O.C.G.A. § 19-7-45 to confirm biological ties before any support order is entered. For older children, the court also weighs whether the man has already established a strong psychological bond with the child over the years, which can sometimes complicate the testing request.

Mothers Who Hide the Child to Avoid Testing

Sometimes, a mother may intentionally dodge process servers, skip court dates, or hide the child to prevent the DNA test from taking place. If she ignores an official order from a court like the Bibb County Superior Court, Macon, she can be held in contempt of court under O.C.G.A. § 19-7-45(d). A strong precedent is Department of Human Resources v. Mitchell, 232 Ga. App. 215 (GA Court of Appeals 1998), which confirms that Georgia courts possess the authority to enforce genetic testing compliance through contempt sanctions. Your attorney can file a motion for civil contempt, which might result in the mother facing severe fines or even jail time until she complies and brings the child to the testing facility.

Refusals and Default Judgments

What happens if a man simply refuses to show up for a court-ordered DNA test? In Georgia, ignoring a judge's order is the worst possible strategy. The court has the authority to enter a 'default judgment' against the man. This means the judge will legally declare him the biological father without the DNA test and order him to pay full child support retroactively. Additionally, the court requires absolute strictness regarding the test's validity. Only AABB-certified laboratory tests with a documented chain of custody are admissible. Store-bought home DNA kits are universally rejected in Georgia courtrooms.

How Much Does it Cost in Georgia?

The financial responsibility for genetic testing usually falls on the person requesting the test, but the court can shift these costs.

If the mother files for the test and the results prove the man is indeed the father, the judge will typically order the father to reimburse the mother for the full cost of the DNA test.

How Long Does the Process Take?

Filing a petition and getting a court date for the judge to order the test usually takes 4 to 8 weeks, depending on the county's backlog. Once the order is signed and the cheek swab is collected at a certified facility, the laboratory typically processes the DNA and returns the official, notarized results to the court within 1 to 2 weeks.

Frequently Asked Questions (FAQ)