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U.S. paternity testing laws

Quick answer

DNA paternity testing is legal in every U.S. state. Two universal rules apply nationwide: (1) every adult being tested must consent, and (2) a child's parent or legal guardian must consent on their behalf. State laws vary on court-admissibility requirements and — in New York's case — on where the sample can be collected. Below is a plain-language overview.

Consent rules (all 50 states)

Under U.S. federal genetic privacy law and every state's parallel statutes, an adult's DNA cannot be tested without their knowledge and consent. This is not just a company policy — it's a legal requirement. For a minor child, one biological parent or the child's legal guardian must consent.

What this means practically: you can order a home test for yourself and your own biological or legal child. You cannot secretly test another adult — even a spouse or partner — without their consent. If you're navigating a difficult relationship situation, an attorney can help you understand your options.

Court-admissibility (all 50 states)

Every U.S. court, child support agency, and USCIS office requires a chain-of-custody legal test for admissible results. Home test results, even from an AABB-accredited lab, are not accepted. See our full explainer.

New York — special rule

New York State Public Health Law § 4174 requires that DNA paternity samples in New York be collected by a licensed physician or under a court order. Home kits cannot ship to New York addresses for at-home collection. If you're in New York, our team will schedule collection at a partner clinic at no additional charge — call us to arrange. See Paternity Testing in New York.

State-by-state directory

Details, statutes, and pricing for every U.S. state:

What if my situation is complicated?

Situations involving custody disputes, contested paternity, unmarried parents, or minors born abroad often need legal guidance in addition to DNA testing. We can help with the testing side; a family law attorney can help you understand what the result means for your specific case. Many states offer free or low-cost legal aid programs.

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