How Do I Get Court-Ordered Paternity Testing?

When there is a genuine question about who a child's father is, Washington gives parents a clear path to an answer through the court. If you ask correctly and meet the statute's requirements, the court is generally required to order genetic testing rather than leaving the question to guesswork.

When the Court Will Order Testing

The first thing to understand is that court-ordered genetic testing happens inside a legal case about parentage. It is not something you request out of thin air. It arises in a proceeding to determine parentage under chapter 26.26A RCW, which is Washington's parentage act. Once that kind of proceeding is underway, the rules for ordering testing are set out in RCW 26.26A.310.

That statute is notable because of how firm it is. Under RCW 26.26A.310, in a proceeding to determine parentage, the court shall order the child and any other individual to submit to genetic testing when a request for testing is supported by the sworn statement of a party. The word "shall" matters. In many areas of the law a judge has broad discretion, but here, when the requirements are met, the statute directs the court to order the testing.

There are two ways a party's sworn statement can support a testing request. The first is a statement alleging a reasonable possibility that the individual is the child's genetic parent. The second is a statement denying genetic parentage and setting out facts that establish a reasonable possibility that the individual is not a genetic parent. In other words, both a man seeking to establish that he is the father and a man seeking to show that he is not can trigger testing by filing the right sworn statement. This gives both sides of a paternity dispute a fair route to the truth.

The Sworn Statement Is the Key

Because the statute keys everything to a sworn statement, the quality of that statement matters. It is not enough to say you have doubts. The statement must allege a reasonable possibility of parentage, or, if you are denying parentage, it must state actual facts that establish a reasonable possibility that you are not the genetic parent. The statement is sworn, meaning you are attesting to it under penalty of perjury, so it should be truthful, specific, and carefully prepared. This is one of the points where working with a family law attorney tends to pay off, because a well-drafted sworn statement that squarely meets the statute is far more likely to produce the result you want.

Steps in the Process

The general shape of the process is straightforward, even though the details vary from case to case. It begins with a parentage proceeding under chapter 26.26A RCW, which a party files with the court. Within that case, the party who wants testing files a motion for genetic testing supported by the required sworn statement. Assuming the statement meets the standard in RCW 26.26A.310 and none of the statute's exceptions apply, the court orders the child and the individual whose parentage is in question to submit to genetic testing.

Testing itself is typically a simple cheek swab, and the results are reported back to the court. RCW 26.26A.310 also addresses some practical wrinkles. It provides that testing of the woman who gave birth to the child is not a required first step, so if she is unavailable or declines to be tested, the court may still order testing of the child and the individual whose parentage is being determined. Where two or more individuals are subject to testing, the court can order that the tests be done at the same time or one after another. And the statute makes clear that an order for genetic testing is enforceable by contempt, which means a person who refuses a valid order can face consequences from the court.

When Testing May Be Denied

It is important to be honest about the limits, because RCW 26.26A.310 does not order testing in every situation. The statute lists circumstances in which the court may or must decline. For example, when a child already has a presumed parent or an acknowledged parent, or when someone is trying to challenge an existing acknowledgment of parentage, the court may deny a motion for testing after weighing certain statutory factors, including considerations about the child's existing relationships and stability. And if a party is barred under other sections of the parentage act from establishing parentage at all, the statute directs the court to deny the request. The law recognizes that a settled parent-child relationship can be worth protecting, and it does not treat genetic testing as automatic in every case regardless of the child's circumstances.

This is why the specific facts matter so much. Whether testing is essentially required or potentially subject to denial can turn on whether there is already a presumed or acknowledged parent, and on the timing of the request. Understanding where your case falls is a large part of planning your next step.

Get Guidance for Your Snohomish County Case

Court-ordered genetic testing is a powerful tool, but it works best when the underlying parentage case is filed correctly and the sworn statement is prepared with care. If you have a question about your child's parentage in Snohomish County, whether you are trying to establish it or contest it, the Law Office of Chad Foster can help you file the right case and pursue testing the right way. Contact the office to talk through your situation and your options.