How do I file a court case to request a DNA test to determine a child's legal father?
To get a court-ordered DNA test to determine a child's legal father, you must file a lawsuit to establish the child's legal parents, called a "Petition to Establish Parental Relationship," with the Superior Court.
Here are the steps to file your case:
Step 1: Get the correct court forms.
You will need a Petition to Establish Parental Relationship (Form FL-200), a Summons (Form FL-210), and a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (Form FL-105). You can find these forms on the official California Courts website or at your local courthouse's self-help center.
Step 2: Fill out and file the forms.
Complete the forms with all required information. On Form FL-200, you will check the box requesting that the court make an order for genetic (DNA) testing. File the completed forms with the court clerk in the Superior Court of the county where the child lives. You will need to pay a filing fee or apply for a fee waiver (Form FW-001) if you cannot afford the fee.
Step 3: Serve the other party.
You must have another adult who is at least 18 years old and not a party to the case—called a server—personally deliver a copy of the filed forms to the other person involved (the mother or possible father). The server must then complete and sign a Proof of Service of Summons (Form FL-115), which you must file with the court. The other party has 30 days to file a response.
Step 4: Request a hearing for a DNA test order.
After the case is filed and the other party responds or their deadline to respond has passed, you can file a Request for Order (Form FL-300). In this form, you will formally ask the judge to order genetic testing and explain why. The court will schedule a hearing where the judge will decide whether to grant the order.
Important Details:
If a man is already considered a "presumed parent" under California Family Code Section 7611 (e.g., he was married to the mother at the time of birth), the court may deny a request for DNA testing. Strict time limits, often two years from the child's birth, can apply to challenge a presumed parent's legal status.
Warnings and Limitations:
The results of a court-ordered DNA test are legally binding and will be used to establish parental rights and obligations. This includes making final decisions about child support, custody, and visitation, which have lifelong financial and personal impacts.
This is general information and does not constitute legal advice. For complex situations, especially if a presumed parent already exists, you should consult with a qualified California family law attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
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