Can You Do a Paternity DNA Test from Someone in Prison?

If you’re a mother and the possible biological father of your child is locked up, it can be difficult to obtain a DNA sample to prove that he’s the biological father. The same case applies if you’re incarcerated and you want to do a paternity test to confirm if you’re the biological father of your child.

This ponders the question; can you do a paternity test for someone in prison? Well, let’s find out.

Paternity DNA Test Can Be Done in Prison but Under Certain Conditions

Inform The Prison Officials

In some less restricted prisons, it’s possible to take an informal DNA paternity test if your request is allowed by prison officials. If you’re an inmate, your request could also be granted if you write a formal request to the prison officials. All you need is a buccal swab collection from the inmate that you can mail to a DNA testing facility.
However, most prisons will deny your request to take a DNA paternity test without a legal mandate. Not to mention, if you obtain a DNA sample from an inmate using a home DNA test kit, the results won’t be legally recognized. This means that your best option is to take a paternity test from someone in prison using a legal procedure.

Obtain a Court Order

Obtaining a court order from a judge or a magistrate is the most effective way to do a paternity test on someone in prison. If you’re an inmate, you can open a child support case and request for a court order to take a DNA paternity test. Of course, you probably won’t be capable of paying child support while in prison, but you need a legal reason to request a court-ordered paternity test and inmates are still liable for child support.

If you’re the mother, you can also request a court-ordered paternity test through a social worker at the child welfare office — as long as the alleged father didn’t sign the Acknowledgment of Paternity (AOP). The social worker will file forms on your behalf and submit them to the judge to get an approval signature to start the process. Once the paternity test is sanctioned by the court, the social worker will liaise with the prison officials on how the paternity test will be done.

If the judge approves the paternity test to be done in court, the alleged father will be required to make an appearance in court to take a DNA sample. However, the DNA sample will not be collected by the court officers or the bailiffs. Instead, the court will send an accredited laboratory technician who will take the samples professionally to avoid contamination.

Similarly, if the inmate can’t make an appearance in court, the laboratory technician will be dispatched to prison to collect the specimen. The social worker and correction officers will also be present as witnesses when the DNA sample is collected from the inmate.

But in some cases, if the inmate is serving a short sentence of a few months, the judge may prefer to wait until the sentence is over to grant the DNA test.

Taking a Paternity Test from an Inmate Can Be a Long Process

It’s possible to take a paternity test from an incarcerated parent, but it can be a long process with a lot of paperwork. It may also take a few weeks or months before the paternity test is done and you receive the results. However, it’s definitely worth it even if the alleged father is in prison.