A court-ordered DNA test generally costs $300 to $500, and who pays for it depends on the kind of case. In a paternity or child support matter, the state agency pays upfront and can bill the father back if the test confirms paternity. In a criminal case, the side that requested the test pays, though indigent defendants can ask the court to shift the cost to the government. In immigration and estate matters, the person trying to prove the relationship pays. So the short answer to who pays for a court ordered DNA test is: usually the party who asked for it, with paternity cases running on a reimbursement model and indigent parties in criminal cases protected by constitutional and statutory rules.
Paternity and Child Support Cases
Paternity is where most people run into a court-ordered DNA test, and federal law sets the rule. Under 42 U.S.C. § 666, every state child support enforcement agency that orders genetic testing has to pay for it upfront.1Office of the Law Revision Counsel. 42 US Code 666 – Requirement of Statutorily Prescribed Procedures That usually happens when a custodial parent applies for public assistance and the state moves to identify the other parent so it can pursue support.
The state does not necessarily eat that cost. Federal law lets the agency recover testing expenses from the alleged father if the test confirms he is the biological parent.1Office of the Law Revision Counsel. 42 US Code 666 – Requirement of Statutorily Prescribed Procedures A judge can order that reimbursement as a lump sum or fold it into the child support order, and it often includes related court and service fees.
If the test excludes him, he owes nothing. The agency, or whoever initiated the request, absorbs the cost. That is the piece worth understanding before you agree to test: you are not on the hook unless the result comes back positive.
A voluntary test outside an agency case is different. If you want a legally admissible result for your own use, or to have in hand before filing anything, you pay the full lab fee plus a per-person collection fee that typically runs $25 to $100. The same statute also lets either party request a second test if they contest the first, but the party asking for the retest has to pay for it in advance.1Office of the Law Revision Counsel. 42 US Code 666 – Requirement of Statutorily Prescribed Procedures
Criminal Cases
In criminal proceedings, the rule is simple at its core: whoever orders the test pays for it. When the prosecution requests DNA analysis for its investigation or trial evidence, the government pays as a routine expense of prosecution. When the defense wants its own testing, the defendant pays.
Forensic DNA analysis for court use typically runs $500 to $1,500 or more, depending on the complexity of the evidence and the type of testing needed. That price reflects chain-of-custody documentation, expert testimony availability, and the sophistication of the lab work. A defendant with a private attorney bears the full cost.
Indigent Defendants
A defendant who cannot afford an attorney has a constitutional argument for state-funded testing. In Ake v. Oklahoma, the Supreme Court held that due process requires the government to provide indigent defendants meaningful access to expert help when it is critical to the defense.2Justia. Ake v Oklahoma, 470 US 68 (1985) That case involved a psychiatrist, but courts have applied the principle to forensic testing, including DNA. An indigent defendant with a public defender can file a motion asking the court to order the government to pay for necessary testing.
Post-Conviction Testing
A federal prisoner who wants DNA testing of evidence that was not analyzed at trial, or that can now be retested with newer technology, can file a motion under 18 U.S.C. § 3600. If the court grants the motion, the prisoner pays for the testing unless indigent, in which case the government covers it.3Office of the Law Revision Counsel. 18 US Code 3600 – DNA Testing Many states have parallel statutes with similar cost provisions for state prisoners.
Immigration Testing
When a U.S. citizen or permanent resident petitions for a family member’s visa and the documentary proof of the relationship is thin, a consular officer may suggest DNA testing. The State Department treats this testing as voluntary, and all costs are paid by the petitioner or the visa applicant.4U.S. Department of State. DNA Relationship Testing Procedures The government contributes nothing.
Federal regulations say the same. Under 8 CFR 204.2, when a consular officer or USCIS director requests biological testing to verify a claimed family relationship, the testing is performed at the expense of the petitioner or beneficiary.5eCFR. 8 CFR 204.2 Because immigration tests usually involve collecting samples in two countries, with one party abroad at an approved facility, the total runs higher than a domestic test once international collection and shipping are factored in.
Estate and Postmortem Cases
When someone claims inheritance rights based on a biological connection to a deceased person that was never legally established, the person asserting the relationship pays for the test. The cost tracks the burden of proof.
Postmortem testing runs significantly more than a standard paternity test. A legal postmortem test using samples collected shortly after death typically starts around $950. If the deceased was buried or cremated and testing requires preserved tissue, bone, or teeth, the price climbs because specialized forensic extraction techniques are needed. Some estates agree to front the cost, sometimes on the condition that the claimant reimburses the estate if the test does not support the claim.
If You Refuse or Cannot Afford the Test
Refusing a Court-Ordered Test
Ignoring a court order to submit to DNA testing is a serious mistake. The court can hold the refusing party in contempt, with fines or jail time on the table. In paternity cases, judges routinely enter a default judgment against the party who refuses. An alleged father who will not provide a sample can find himself declared the legal father on the available evidence, with child support ordered accordingly. The test that might have cleared him never happens.
When You Cannot Pay
If a court orders you to pay for testing and you genuinely cannot, file a motion to waive or reassign the cost. This is sometimes called a motion to proceed “in forma pauperis,” a formal request to be excused from fees due to financial hardship.6Legal Information Institute. Federal Rules of Appellate Procedure Rule 24 – Proceeding in Forma Pauperis You will need detailed financial documentation: income, assets, debts, and any public assistance you receive.
If the judge grants the motion, the court might waive the fee entirely, shift it to the other party, or arrange for the government to pay. In criminal cases, federal law already requires the government to cover DNA testing costs for indigent defendants seeking post-conviction analysis.3Office of the Law Revision Counsel. 18 US Code 3600 – DNA Testing
How Judges Allocate the Cost
When a DNA test is court-ordered, the judge has broad discretion over who pays. The court can assign the full expense to one party, split it, or arrange something in between. Judges weigh each party’s income and resources, who requested the test, and sometimes the result. In paternity matters, the federal reimbursement framework gives judges a default to work from, but they still adjust based on the circumstances of the case.
Filing fees for the motion requesting the test are separate and vary widely, from nothing to several hundred dollars depending on the jurisdiction. If you file through a state child support enforcement agency, the agency typically handles the paperwork and absorbs those administrative costs. If you file on your own, budget for the filing fee alongside the lab bill.
At-Home Kits Do Not Count
One boundary worth naming: a $100 at-home paternity kit will not carry weight in any of the situations above. Courts require a trained professional at a certified facility to collect samples, verify identities with government-issued ID, and document the chain of custody from collection through analysis. Most courts and all federal immigration proceedings also require that testing be performed by a laboratory accredited by the AABB.7AABB. DNA Relationship Testing FAQs If a legal proceeding is anywhere on the horizon, paying for a proper test is the only version that matters.