How to Force a DNA Test for Paternity in Iowa Courts

Understanding Mandatory Genetic Testing

When there is doubt or denial regarding the biological father of a child, genetic testing is the definitive legal solution. In Iowa, an unmarried father, a mother, or the state can legally compel a DNA test if the other party is uncooperative. The legal framework for this action is detailed in Iowa Code § 600B.41. A court-ordered test ensures the chain of custody is maintained, making the results 100% admissible in court, unlike standard over-the-counter home DNA kits.

Step-by-Step Process to Compel a Test

If you are facing resistance, you cannot physically force someone to take a test. You must use the power of the state or the judicial system to issue a binding order.

Step 1: Choosing CSRU vs. District Court

You have two main paths to force a test. The first is administrative. You can open a case with the Child Support Recovery Unit, Des Moines. The CSRU has the authority to issue administrative orders for genetic testing to establish child support obligations. However, if you are seeking custody or visitation, you must take the judicial route by filing an action in a state court, such as the Iowa District Court for Black Hawk County, Waterloo.

Step 2: Filing the Motion for Genetic Testing

If you are in court, and the other party refuses to acknowledge paternity, you must formally ask the judge to intervene. Your lawyer will draft and file a Motion for Genetic Testing. The court will review the motion, and under Iowa law, upon the request of a party in a contested paternity action, the court is generally required to order the test. You will not use a standard fill-in-the-blank form for this; it requires a customized legal pleading citing Chapter 600B.

Step 3: Taking the Swab at an Approved Facility

Once the judge signs the order, both parties and the child are given a deadline to appear at an accredited laboratory. The lab uses strict identification protocols (photographs and fingerprints) to ensure no one sends a substitute. The test itself is a painless buccal (cheek) swab.

Step 4: Consequences of Refusal (Contempt)

What happens if she just doesn't show up to the lab? A court order is not a suggestion. If a mother or alleged father ignores the testing order, the other party can file a Motion to Show Cause for Contempt. The judge can impose fines, mandate jail time, or issue a default judgment, effectively deciding the paternity issue against the uncooperative party. As demonstrated in various procedural precedents like State ex rel. Hodges v. Fitzpatrick, 342 N.W.2d 870 (IA Court of Appeals 1983), Iowa courts take compliance with genetic testing orders extremely seriously.

How Much Does it Cost in Iowa?

The financial burden of the test typically falls on the person requesting it initially, but courts can reallocate costs based on the outcome.

• CSRU Testing: Usually around $30 per person (father, mother, child).
• Private Court-Admissible Testing: Can range from $300 to $500 total, depending on the lab used.
• Court Costs: Filing a motion within an existing case usually has minimal fees, but the initial petition to start the case costs $215.
• Cost Shifting: If the test proves you are the father, you may be ordered to reimburse the state or the mother for the costs. If it proves you are not, the court may order the mother to pay.

How Long Does the Process Take?

Filing the motion and getting a judge to sign the order usually takes 2 to 4 weeks. Once the order is issued, the parties are typically given 14 to 30 days to complete the swab. After the lab collects the samples, official results take roughly 2 to 4 weeks to be returned to the court. Overall, expect a 2-month timeline from filing the motion to reading the results.

Frequently Asked Questions (FAQ)