Type “paternity test” on Google, you will get countless answers, from laboratories – all located abroad – offering to carry out this test quickly, for a few hundred euros. But beware: in France, it is not allowed to take a test in this way. Likewise, it is illegal to fly abroad for this reason. Violating the law leads to penalties of up to one year imprisonment and / or a fine of € 15.000 (article 226-28 of the Penal Code). Carrying out a paternity test? It is only authorized by judicial decision.

A paternity test consists of determining whether an individual is indeed the father of his son / daughter (or not). It is based on a comparative examination of blood, or, more often, on a DNA test: the DNA of the presumed father and the child are compared. The reliability of this test is over 99%. Individuals can freely perform these tests in countries such as Switzerland, Spain, Great Britain… Paternity kits are even sold in self-service pharmacies in the United States, for a few tens of dollars. None of that in France. Why ? Above all, because our country favors the links forged within families rather than simple biology. In other words, the father is the one who recognized and brought up the child, whether he was the parent or not.

“Paternity testing is only allowed in the context of legal proceedings aimed at:

• either to establish or contest a parentage link;
• either to receive or withdraw financial assistance called subsidies;
• or to establish the identity of deceased persons, as part of a police investigation, ”indicates the Ministry of Justice on the site service-public.fr. “Carrying out a paternity test outside of this framework is illegal. “

A child seeking to establish a bond of filiation with his presumed father, or the mother of the child if the latter is a minor, can for example approach a lawyer. This lawyer will initiate proceedings before a Tribunal de Grande Instance. A judge will thus be able to order this test to be carried out. It can be accomplished by two methods, the comparative examination of blood, or identification by genetic fingerprints (DNA test). The laboratories carrying out these tests must be specially approved for this purpose. There are about ten of them in France. Prices vary between 500 and 1000 € for the test, not including legal costs.

The consent of the presumed father is compulsory. But if he refuses, the judge can interpret this decision as an admission of paternity. Note that no paternity test can be performed before birth. If a paternity test proves conclusive, the court can decide, in the wake of the exercise of parental authority, the father’s contribution to the maintenance and education of the child, or the attribution of the father’s name.

To see the figures, many of them circumvent the ban on carrying out a test in a private setting. Very easy to access, fast, inexpensive, many people dare to test online, despite the risks involved. In France, around 4000 tests would be carried out by court order each year … and 10.000 to 20.000 ordered illegally on the Internet.

The National Academy of Medicine warned, in a 2009 report, on “the possible errors of analyzes coming from little or no controlled laboratories and on the need to trust only French laboratories having the approval of the supervisory authorities. . “While some labs are reliable, others are much less so. However, on the internet, it is difficult to separate the wheat from the chaff.

Many foreign laboratories offer these tests for a few hundred euros. If their legal value is zero, the results can blow up families. A just separated father wondering if his son is biologically his own, adults who want a share of the inheritance… and here they are, ordering a kit on the internet, to get some biological truth.

A few days later, you will receive your collection kit at home. You take a DNA sample (saliva collected by rubbing the inside of your cheek, some hair, etc.) from your child, unbeknownst to the child, and yourself. Then you send it all back. A few days / weeks later, the results are sent to you by email, or by post, in a confidential envelope, to prevent customs officials from spotting it too easily.

On your side, the doubt will then be removed. But better think before you act, because the results can turn more than one life. They can be reassuring, like blowing up families. Some studies estimate that between 7 and 10% of fathers are not biological fathers, and ignore it. If they found out? It could call into question bonds of love. And lead to divorce, depression, trial… And to have to answer this question, which would make an excellent subject for the philo baccalaureate: are bonds of love stronger than ties of blood? One thing is certain, knowing the truth is not always the best path to happiness …