Yes, you can get a paternity test. There are two very different kinds: an at-home ("informational") DNA test you order online for around $100-$200, and a legal ("chain-of-custody") test done at an approved lab that a court, hospital, or child-support agency will accept as proof. Both work the same way biologically, but only the legal test can be used to put a name on a birth certificate, win custody, or set child support. Which path you take depends on what you actually need the result for.
The two types of paternity tests (this is the part people get wrong)
A DNA paternity test compares the child's genetic markers to the alleged father's. The test itself is the same. What differs is the paperwork around the sample:
At-home / informational test. You swab cheeks at home and mail the samples in. Cheap, fast, private. But because no neutral third party verified who was swabbed, courts and government agencies generally will not accept it. Good for personal peace of mind only.
Legal / chain-of-custody test. Everyone is swabbed by a neutral collector who checks IDs, photographs participants, and documents the sample handling. This is the version a court, vital-records office, or child-support agency will rely on. It costs more (often $300-$600) and must usually go through an AABB-accredited lab.
If there is any chance you'll need the result for custody, child support, a birth certificate, immigration, or benefits, pay for the legal test from the start. A home test cannot be "upgraded" after the fact.
Can I get a paternity test at the hospital or at birth?
Two different things can happen at the hospital, and it helps to keep them separate.
1. Signing a Voluntary Acknowledgment of Paternity (no DNA test)
When an unmarried couple agrees on who the father is, most hospitals offer a form called a Voluntary Acknowledgment of Paternity (often abbreviated VAP or AOP). Both parents sign, and it legally establishes the father without any genetic test. Every state is required to make this in-hospital acknowledgment program available as a condition of federal child-support funding under Title IV-D of the Social Security Act (42 U.S.C. § 666). A signed acknowledgment generally has the same effect as a court order of paternity.
Time-sensitive: A signed acknowledgment is not permanent on day one. Federal law gives signers a window (commonly 60 days, though the exact period and rules vary by state) to rescind it; after that, it can usually only be challenged in court on narrow grounds like fraud, duress, or material mistake of fact. Do not sign if you are unsure — ask for a genetic test instead.
2. An actual DNA test at birth
If paternity is in doubt, you usually will not get a full legal DNA test automatically as part of delivery. You arrange it. Options:
Cord-blood or cheek-swab collection at the hospital through a paternity-testing company you set up in advance — the collector comes to the hospital, or staff collect under instructions.
Wait a few days and test the newborn with a routine cheek swab at a collection site. A standard cheek swab is safe for a newborn and just as accurate.
You generally do not need to test "at birth" for accuracy reasons — the result is the same at birth or at age five. People test early mainly to get the father on the birth certificate quickly.
Can I do a paternity test without the father?
This is the hardest question, and the honest answer is: you cannot get a valid result without some DNA from the father's side. A paternity test compares two samples — there is nothing to compare the child to if the father contributes nothing. Here is what that means in practice.
If the father won't cooperate voluntarily
You cannot legally force an adult to be swabbed on your own, and you cannot take his DNA without consent and expect a court to use it. What you can do is open a legal case:
File a paternity action in court, or
Apply for child-support services through your state's IV-D child-support agency.
Once a case is open, the court or agency can order genetic testing, and a man who refuses can face consequences (in many states a refusal can support a default finding of paternity). The federal Title IV-D framework requires states to have procedures for ordering genetic testing in contested paternity cases (42 U.S.C. § 666); the specific rules, deadlines, and who pays are set by your state.
If the father is unavailable (absent, deceased, or unknown)
When the alleged father himself can't be tested, labs can sometimes determine paternity using close biological relatives — his parents (the child's grandparents), his siblings, or another child of his. These "relationship" tests are less definitive than a direct father-child test, but a grandparent ("grandparentage") test can be highly reliable, especially if both of the father's parents participate.
What about a test before the baby is born?
A non-invasive prenatal paternity (NIPP) test can be done during pregnancy from the mother's blood draw plus a sample from the alleged father, with no risk to the baby. Note the catch: it still requires the father's DNA. It does not let you test "without the father" — it only lets you avoid an invasive procedure on the pregnancy.
A warning about "secret" testing
Some companies advertise testing on a discreet item like a toothbrush, razor, or chewing gum. Even when these work technically, the result is informational only — it cannot be used in court, and collecting or testing someone's DNA without consent raises legal issues in some states. Treat it as a private hint, not proof.
What you can do: step by step
Decide what the result is for. Peace of mind only → an at-home test is fine. Anything legal (custody, support, birth certificate, benefits, immigration) → you need a legal chain-of-custody test.
If both parents agree on paternity and you just want it official, ask the hospital about a Voluntary Acknowledgment of Paternity — but don't sign if you have real doubts.
For a legal test, use an AABB-accredited lab and a neutral collection site. Bring photo ID for the adults.
If the father refuses, file a paternity case in court or apply for services through your state child-support (IV-D) agency, which can request a court-ordered test.
If the father is unavailable, ask the lab about grandparent or sibling (relationship) testing.
If you want to know during pregnancy, ask about a non-invasive prenatal paternity test — remembering it still needs the father's sample.
Keep your records. Save the lab report, chain-of-custody paperwork, and any signed acknowledgment; you may need them downstream for support or custody.
Why establishing paternity matters
Establishing paternity is the gateway to almost everything else for a child born to unmarried parents: child support, custody and visitation rights, the child's eligibility for the father's health insurance, Social Security, veterans' or inheritance benefits, and an accurate family medical history. Because paternity is the first link in child support, the federal government ties state funding to having strong establishment and enforcement tools — income withholding, liens, and license suspension among them (42 U.S.C. § 666; the state IV-D agency requirement appears at 42 U.S.C. § 654). That is why your state child-support office is often the cheapest, most direct route to a court-ordered test.
A note on cost and who pays
An informational home test is the cheapest. A legal test costs more. In a court or agency case, the cost of testing is commonly advanced by the agency and may later be charged to the father if he is found to be the parent — but this varies by state, so ask your local IV-D office or the court clerk before assuming.
This article is general legal information, not legal advice; paternity procedures vary by state, so consult your state's child-support agency, the court clerk, or a family-law attorney about your specific situation.
Frequently asked questions
Can I get a paternity test without the father knowing or participating?
Not a valid one. A test needs DNA from the father's side to compare against the child. If he won't cooperate, file a paternity case in court or apply for child-support services so a test can be ordered. If he is unavailable, ask the lab about testing his parents or siblings. 'Secret' tests on a toothbrush or razor are informational only and not accepted in court.
Will a home DNA test hold up in court?
Generally no. At-home tests are accurate biologically but lack a verified chain of custody, so courts, child-support agencies, and vital-records offices usually reject them. For anything legal, use a chain-of-custody test from an AABB-accredited lab where a neutral collector checks IDs.
Can I get a paternity test at birth or before the baby is born?
Yes to both. At the hospital you can arrange a cord-blood or cheek-swab collection, or simply test the newborn with a safe cheek swab a few days later — accuracy is the same. During pregnancy, a non-invasive prenatal paternity test uses the mother's blood plus the father's sample, with no risk to the baby (it still requires the father's DNA).
What is a Voluntary Acknowledgment of Paternity?
It's a form unmarried parents sign — often at the hospital at birth — to legally establish the father without a DNA test. Every state must offer it under federal Title IV-D rules. It generally carries the force of a paternity order, but there is a limited window (commonly 60 days, varying by state) to rescind, after which it can only be challenged in court on narrow grounds. Don't sign if paternity is in doubt — ask for a genetic test instead.
Who pays for a court-ordered paternity test?
It depends on your state. In a child-support (IV-D) case, the agency often advances the cost of genetic testing and may later charge it back to the father if he's found to be the parent. Ask your local child-support office or court clerk before assuming who pays.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
Knowing your rights is the first step
Join thousands committing to calmly and consistently exercise their constitutional rights.