Court-Ordered DNA Testing for Paternity in North Dakota: Costs, Timelines, and Procedures

Whether you are an unmarried father in Fargo fighting to secure parenting time or a man in Bismarck served with an unexpected child support summons, resolving biological doubts requires far more than a retail pharmacy cheek-swab kit. North Dakota family courts enforce strict statutory and evidentiary standards that reject informal, at-home genetic tests outright. Attempting to walk into a courtroom with an unverified test result will leave your petition dismissed and your legal rights unprotected.

Under the North Dakota Uniform Parentage Act, governed by N.D. Cent. Code § 14-20-25 through N.D. Cent. Code § 14-20-35, genetic testing can be compelled either through an administrative child support proceeding or a civil lawsuit in District Court. Below is a comprehensive breakdown of how court-ordered DNA testing works in North Dakota, why at-home kits fail in court, who pays the laboratory fees, and the severe legal penalties if a parent refuses to comply.

Why At-Home DNA Kits Are Inadmissible in North Dakota Courts

Over-the-counter peace-of-mind DNA tests sold online or in pharmacies use the same underlying polymerase chain reaction (PCR) technology as legal laboratories, yet they carry zero legal weight at the Cass County District Court, Fargo, the Burleigh County District Court, Bismarck, or any other court in the state. Under N.D. Cent. Code § 14-20-27 and N.D. Cent. Code § 14-20-28, a genetic test report is admissible as evidence of truth only if it satisfies rigorous statutory safeguards:

• Laboratory Accreditation: The testing must be conducted by a laboratory accredited by the Association for the Advancement of Blood and Biotherapies (AABB), the American Association of Blood Banks, or an accrediting body designated by the federal Secretary of Health and Human Services.
• Strict Chain of Custody: A neutral, certified collector-never the parents themselves-must perform the buccal cheek swab, photograph the tested individuals, verify government-issued photo identification, and take thumbprints of the child and alleged father.
• Signed Under Penalty of Perjury: Under N.D. Cent. Code § 14-20-28, the laboratory report must be signed under penalty of perjury by a designee of the testing laboratory and establish a documented chain of custody from the moment the specimens are collected until testing is complete.
• Statutory Probability Threshold: Pursuant to N.D. Cent. Code § 14-20-29, a man is legally rebuttably identified as the father only if the test results show at least a 99 percent probability of paternity, using a prior probability of 0.50, and a combined paternity index of at least 100 to 1.

What Happens If a Mother or Alleged Father Refuses a Court-Ordered Swab?

In high-conflict paternity disputes, it is common for a mother to refuse to bring the infant to the laboratory or for an alleged father to ignore a testing notice. Under N.D. Cent. Code § 14-20-26, a court or the North Dakota Child Support Section, Bismarck shall order the child and other designated individuals to submit to genetic testing upon a sworn pleading demonstrating a reasonable probability (or lack of probability) of sexual contact.

If a party refuses to submit to a court-ordered buccal swab, N.D. Cent. Code § 14-20-49 empowers the District Court to take decisive enforcement measures:

• Contempt of Court: A judge at the Grand Forks County District Court, Grand Forks or the Ward County District Court, Minot may hold the refusing parent in civil or criminal contempt, resulting in monetary fines, payment of the opposing party's attorney fees, or even jail time until they comply.
• Default Adjudication of Parentage: Most critically, under N.D. Cent. Code § 14-20-49, if an individual whose paternity is being determined declines to submit to genetic testing ordered by the court, the court may adjudicate parentage contrary to the position of that individual. If an alleged father refuses the swab, the judge can declare him the legal father by default and immediately enter a child support order. Conversely, if a mother refuses to produce the child to block an unmarried father's petition, the court can enter default findings in the father's favor or order law enforcement assistance.

North Dakota case law strongly supports the mandatory nature of properly requested genetic testing. In In Interest of M.Z., 472 N.W.2d 222 (ND Supreme Court 1991), the North Dakota Supreme Court examined statutory blood and genetic testing requirements, confirming that compliance with statutory testing procedures is fundamental to resolving disputed parentage. Later, in D.E. v. K.F., 825 N.W.2d 832 (ND Supreme Court 2012), the court clarified how parentage actions and statutory presumptions operate under the Uniform Parentage Act.

Who Pays for the DNA Test If Results Are Positive vs. Negative?

North Dakota law explicitly regulates the upfront payment and final allocation of genetic testing expenses under N.D. Cent. Code § 14-20-30. Who ultimately pays the bill depends on who requested the test and what the DNA results reveal.

• Upfront Payment Rule: Subject to later reassessment by the court, the cost of initial genetic testing must be advanced by the North Dakota Child Support Section, Bismarck if the agency is a party to the proceeding, by the individual who made the request for testing in a private lawsuit, or split equally as agreed by the parties or ordered by the court.
• If the Test Is Positive (99%+ Probability): If the test confirms biological fatherhood and the state child support agency advanced the fee, N.D. Cent. Code § 14-20-30 authorizes the agency to seek full reimbursement from the adjudicated father. In private District Court litigation, judges frequently order the confirmed father (or split between both parents) to cover the testing costs as part of the final judgment.
• If the Test Is Negative (Alleged Father Excluded): If the DNA test excludes the alleged father-showing a 0% probability of paternity-he is not required to reimburse the state child support agency. In private court actions where a mother falsely alleged paternity, the court has discretion to order the requesting party to absorb the full laboratory fee.
• Contesting Initial Results: Under N.D. Cent. Code § 14-20-31, if a party contests the results of an initial accredited DNA test, the court or agency must order an additional test by a separate laboratory-only if the contesting party pays the full cost of the second test in advance.

Step-by-Step Process in North Dakota

Whether you live in Fargo, Bismarck, Grand Forks, or Minot, obtaining a legally enforceable DNA test follows a structured legal sequence.

Step 1: Choose Between State Child Support Services or Private District Court

If your sole objective is establishing or defending against child support, you can apply for administrative services by submitting Form SFN 374, North Dakota, Department of Health and Human Services, Application for Child Support Services to the North Dakota Child Support Section, Bismarck (Phone: 701-328-5440). If you are an unmarried father seeking primary residential responsibility or parenting time, you must file a civil paternity action in your county's District Court.

Step 2: File a Sworn Motion for Genetic Testing

In a District Court case-such as at the Cass County District Court, Fargo or the Burleigh County District Court, Bismarck-file a formal Motion for Order for Genetic Testing supported by a sworn affidavit under N.D. Cent. Code § 14-20-26. The affidavit must allege facts establishing a reasonable probability of the requisite sexual contact between the individuals (or a lack of probability if seeking exclusion).

Step 3: Serve the Opposing Party and Obtain the Court Order

Serve the motion and summons on the other parent in compliance with N.D. R. Civ. P. 4. Once the judge reviews the sworn pleadings (and provided no statutory bar under N.D. Cent. Code § 14-20-43 applies), the court will issue a formal Order for Genetic Testing designating an AABB-accredited laboratory and setting a strict deadline for swab collection.

Step 4: Attend the Accredited Collection Appointment

Report to the designated medical clinic or regional child support office with valid government-issued photo identification (and the child's birth certificate if bringing the child). The technician will photograph and thumbprint the participants, perform a painless inner-cheek buccal swab, and seal the specimens in tamper-evident packaging.

Step 5: Review the Certified Report and Observe the 14-Day Objection Window

Once the laboratory sends the certified report, N.D. Cent. Code § 14-20-48 dictates that any objection to the genetic testing results must be made in writing and served on all parties within 14 days after receipt of the report (and at least 14 days before any hearing). If no timely objection is filed, the written report is admitted into evidence without requiring live testimony from a laboratory geneticist.

Step 6: Enter Final Judgment of Paternity or Dismissal

If the results exclude the man, the court enters a judgment dismissing him under N.D. Cent. Code § 14-20-52. If paternity is confirmed at 99% or higher, the court adjudicates him as the legal father, establishes child support according to state guidelines, and sets a schedule for residential responsibility and parenting time.

How Much Does it Cost in North Dakota?

• Private AABB-Accredited DNA Test Fee: Standard legal trio testing (mother, child, and alleged father) or motherless duo testing at a certified collection facility in Fargo, Bismarck, or Grand Forks costs between $200 and $500.
• State Child Support Agency Testing Rate: When ordered through the North Dakota Child Support Section, Bismarck, the state utilizes contracted laboratories where the discounted fee is typically $60 to $180 total, advanced by the state and billed to the father only if positive.
• District Court Filing Fees: Opening a civil parentage case in North Dakota District Court costs $160 under N.D. Cent. Code § 27-05.2-03, plus $40 to $85 for sheriff or process server delivery.
• Paternity Attorney Fees: Retaining a North Dakota family law attorney to draft motions to compel DNA testing, seek contempt sanctions against an uncooperative parent, and litigate custody costs $250 to $400 per hour, with average retainers ranging from $2,000 to $5,000. You can connect with a vetted local paternity lawyer in our North Dakota directory to guide you through the court process.

How Long Does the Process Take?

• Laboratory Turnaround Time: Once buccal swabs have been collected from both the child and the alleged father (even if collected in different cities or states), AABB-accredited laboratories deliver certified results in 5 to 15 business days (roughly 2 to 3 weeks).
• Motion to Final Paternity Adjudication: Accounting for the 21-day response window after service of a summons, scheduling the lab appointments, and the 14-day statutory objection window under N.D. Cent. Code § 14-20-48, obtaining a court-ordered DNA test and paternity ruling typically takes 6 to 14 weeks in total. If the other parent refuses to cooperate and requires a contempt hearing, add another 4 to 8 weeks.

Frequently Asked Questions (FAQ)