Sometimes it is not immediately clear who a child's father is. In this situation it is advisable for everyone involved to take a DNA test. A simple cotton swab test easily clarifies the issue of paternity. But what if either the mother or the alleged father refuses to cooperate with a DNA test? No, not literally. Everyone has the right to physical integrity, which means that people can decide for themselves what happens to their own body.
It is not possible to force a person to submit DNA for testing. However, a child also has the right to know who its real father is and to know from whom they are descended. In the event of a conflict, a court must decide which right prevails over the other: the right to physical integrity no DNA test or the right of the child to know from whom it is descended a DNA test. Both rights are basic human rights and therefore of the utmost importance.
In most cases, the right of the child to know its paternity is deemed more important, but not always. For example, if the DNA test will not lead to a change in legal paternity, as was decided by a family court in Gelderland in In the vast majority of cases, however, the right of the child to know who its biological father is will prevail.
Hence, a DNA test must take place. If it has been established that the person involved may be the father, the court will usually order a DNA test to be carried out. In the Netherlands compelling someone to comply with a DNA test this is done step by step.
First of all, the court decides that a DNA test is necessary and at which scientific institute the DNA test must be taken.
