Refusal of a DNA Test by the Father

QUESTION
When is it possible to refuse a DNA test?

ANSWER:
Although a DNA test is today a standard, reliable, and indispensable tool for establishing or excluding paternity, its use is not, to date, regulated by any specific law of the Slovak Republic. There is therefore no legal provision that could be directly invoked if a father in court proceedings on the determination of paternity refused to undergo genetic testing.

However, it may happen that during court proceedings the court directly orders the father to undergo genetic testing. If the father, as a party to the proceedings, refused to comply with such a court order, the court may impose a procedural fine on him on the grounds that his (in)action is hindering and delaying the progress of the proceedings without any legally relevant reason.

Pursuant to § 102(1)(a) and (c) of Act No. 160/2015 Coll., the Code of Civil Contentious Procedure (hereinafter the “CCP”), “The court may impose a procedural fine on anyone who obstructs the progress of the proceedings, in particular by failing to fulfil an obligation imposed by the court and failing to justify such inactivity in a timely manner by serious circumstances, or by disobeying a court order.” The amount of such a procedural fine may reach up to €500 (§ 102(2) CCP).

The court may, for example, order a party to appear before a court-appointed expert, to submit certain items, to provide necessary explanations, to undergo a medical examination or a blood test — including the taking of samples necessary for DNA analysis.

According to the opinion of the Constitutional Court of the Czech Republic (Decision I. ÚS 987/07 of 28 February 2008), “In proceedings on the determination of paternity (…) the court is entitled to order the defendant to appear before an expert and to tolerate the taking of DNA samples for the purpose of establishing or excluding paternity. It is not contrary to the legal order if the court enforces compliance with this obligation on the defendant who refuses to undergo the examination, through procedural fines or by ordering his escort to the examination.”

Interested in our legal services regarding the establishment or denial of paternity?
Contact us at: office@akmv.sk