How to Get a Court-Ordered Paternity Test in Massachusetts

To get a court-ordered paternity test in Massachusetts, you file a Complaint to Establish Parentage in the Probate and Family Court under Chapter 209C, then file a Motion for Genetic Marker Testing with an affidavit explaining why the test is needed. If the judge finds a sufficient basis, the court orders DNA testing of the birth parent, the child, and the alleged parent at an accredited lab. A result showing a 97% or greater probability of parentage creates a legal presumption that the tested person is the biological parent.

Who Can Ask the Court to Order a Test

Massachusetts law lets several people start a paternity case. The birth parent can file. So can a person who claims to be the child’s biological parent. A child can file through a guardian or legal representative. And if the child receives public assistance, the Department of Revenue, acting as the state’s child support enforcement agency, can bring the case on its own to identify a parent and set support.¹

You cannot walk into a courthouse and ask for genetic testing without an active case. The judge will only order testing after a formal complaint has been properly filed.²

Where you file matters. District Court and Boston Municipal Court can handle paternity and support complaints, but only the Probate and Family Court can issue custody and visitation orders. If you want everything decided in one place, file in Probate and Family Court from the start.³

When a Spouse Has to Be Part of the Case

Massachusetts presumes parentage in several situations, and a presumed parent must be included before the court can order testing. The main one: if the child was born during a marriage, or within 300 days after the marriage ended by death, annulment, or divorce, the spouse is presumed to be the parent.⁴

Other presumptions apply when someone marries or attempts to marry the birth parent after the child is born and agrees in writing to support the child or otherwise acknowledges parentage, or when a person lives with the birth parent and openly treats the child as their own while the child is a minor.⁴

If the birth parent was married to someone other than the alleged biological parent during the probable time of conception, the court can only order genetic testing after that spouse or former spouse has been given proper notice.⁵ Skipping that step can stall or unwind the case.

Filing the Complaint

The starting document is a Complaint to Establish Parentage (form CJD 106). File it together with a Child Care or Custody Disclosure Affidavit, which tells the judge where the child is living and whether any other case involves the child.⁶ Both forms are available on the Massachusetts Trial Court website and at the Probate and Family Court clerk’s office.

Include the child’s full legal name and date of birth, the alleged parent’s last known address so the court can serve notice, and enough facts to support the claim. Thin filings get dismissed before any test is ordered.

The filing fee is $100, plus a $15 surcharge when applicable, for a total of $115.⁷ If you cannot afford it, file an Affidavit of Indigency and ask for a fee waiver.⁸

Getting the Test Ordered

After filing, the court issues a summons that has to be delivered to the other party. In most cases a sheriff or licensed constable serves it. If personal service fails, the court may allow certified mail to the last known address, or, as a last resort, publication in a newspaper for three consecutive weeks.⁹

At the initial hearing, either party can file a Motion for Genetic Marker Testing with an affidavit. An affidavit stating that sexual intercourse occurred during the probable period of conception is enough to justify the motion.⁵

What if the alleged parent does not show up? The judge does not automatically order testing. The court can instead determine parentage on other evidence, including the birth parent’s testimony.² Ignoring the summons does not stop the case. It makes it easier to lose it.

How the Testing Is Done

The usual method is a buccal swab: a cotton swab rubbed inside the cheek to collect a tissue sample from the birth parent, the child, and the alleged parent.¹⁰ Blood tests are also allowed, but swabs are far more common because they are painless and quick.

The law requires testing at a lab approved by an accreditation body designated by the federal Secretary of Health and Human Services, which in practice means an AABB-accredited lab. Chain-of-custody records must follow every sample from collection through analysis, and those records are admissible in court.⁵ At-home kits bought online do not meet these standards and are not accepted as evidence.

Results are mailed to both parties. A legal-grade paternity test through a private accredited lab typically costs between $300 and $500, depending on the lab.

Who Pays

The party who files the motion pays the initial cost. The judge can then split the expense between the parties. If the alleged parent is confirmed as the biological parent, the court will order that person to reimburse whoever paid up front, including the Department of Revenue if it brought the case. If you qualify as indigent, the state may cover the cost.⁵

Refusing the Test and Challenging Results

Refusing the test does not end the case. The refusal is admissible as evidence, and the judge can draw an adverse inference from it, meaning the court can treat the refusal as a sign the test would have confirmed parentage.⁵ Combined with other evidence, a refusal can be enough for a finding of paternity with no genetic data at all.

To challenge results, you must object in writing by the hearing date or within 30 days before the hearing, whichever is shorter. Without a timely written objection, the lab report is automatically admissible without any testimony from the scientists who ran the test. If the results are disputed, the court can order a second round of testing at the same or a different lab, at the expense of the party asking for it.⁵

The 97% Threshold

When results show a statistical probability of parentage of 97% or greater, Massachusetts law creates a rebuttable presumption that the tested person is the biological parent. At that point, the court will issue a temporary support order even before final judgment is entered.⁵ The presumption can be challenged in theory, but overcoming a result at or above 97% is very difficult in practice.

The court then sets a follow-up hearing for a final judgment of paternity. The test results by themselves are not treated as proof that sexual intercourse occurred; the court still requires independent evidence of a relationship during the period of conception before the lab report is admissible.⁵ The affidavit filed with the testing motion normally covers this.

If You Both Agree, You May Not Need a Court Test

Not every case needs a judge. If both parents agree on who the biological parent is, they can sign a Voluntary Acknowledgment of Parentage. Both signatures must be notarized. The form can be signed at the hospital at birth, at a city or town clerk’s office, or through the Department of Revenue or Department of Transitional Assistance.¹¹

Before signing, both parents must receive notice of what the acknowledgment means, the alternatives (including genetic testing), and the support, custody, and visitation obligations that follow. Notice can be oral, on video or audio, and in writing.¹¹

Special rules apply when the birth parent was married to someone else at the time of birth or conception. Both the birth parent and the spouse or former spouse must sign an affidavit denying that the spouse is the child’s parent before a voluntary acknowledgment naming a different biological parent can go through. If the marriage ended by annulment or by the death of either spouse, the voluntary acknowledgment route is unavailable and parentage must be established by a court complaint.¹¹

What a Paternity Judgment Triggers

Once judgment is entered, the court can issue orders for child support, custody, visitation, and health insurance, whether or not the parents were ever in a relationship. Child support is calculated under the Massachusetts Child Support Guidelines, and the guideline amount is presumed correct absent a showing that it would be unjust or inappropriate. Either parent can require the other to file a financial statement.¹²

The court may award custody to either parent, both jointly, or another suitable person, based on the child’s best interests. The judge considers where and with whom the child has lived during the six months before the case was filed, and whether each parent has an established relationship with the child. Joint custody is awarded only if the parents have a written agreement or the court finds a record of successful shared parenting and communication.¹³

For a child born in Massachusetts, the Probate and Family Court sends the paternity judgment directly to the Registry of Vital Records and Statistics, and no separate application is needed to amend the birth certificate. The Registry does not automatically send a new certified copy; you have to request one after the amendment is processed.¹⁴

1
General Court of Massachusetts. Massachusetts General Laws Chapter 119A Section 1
2
Mass.gov. How to Establish Parentage
3
Mass.gov. Massachusetts General Laws c209C 3
4
General Court of Massachusetts. Massachusetts General Laws Chapter 209C Section 6
5
General Court of Massachusetts. Massachusetts General Laws Chapter 209C Section 17
6
Mass.gov. Instructions – Complaint to Establish Parentage
7
Mass.gov. Probate and Family Court Filing Fees
8
Mass.gov. Court Filing Fees and Payment Information
9
Mass.gov. Massachusetts General Laws c209C 6
10
Mass.gov. Learn About Genetic Marker Testing
11
Mass.gov. Massachusetts General Laws c209C 5
12
Mass.gov. Massachusetts General Laws c209C 9
13
Mass.gov. Massachusetts General Laws c209C 10
14
Mass.gov. Amend or Correct a Birth, Death, or Marriage Record