Hello, I’m Barrister Garn. Today, we have an interesting article about DNA testing under the law, answering a frequently asked question: What can be done if one party refuses to undergo a DNA test?

According to the law, DNA testing can be requested in court if one party does not consent. The court can issue an order for the party to undergo DNA testing. This procedure is often used to verify blood relations or relevant information in cases such as family law disputes.

What happens if the court orders a DNA test, but one party refuses?
If the court orders a DNA test and one party refuses to comply, the requesting party can file a motion to the court to enforce the order. Additionally, the court may use legal presumptions—if the person refuses to take the test, the court may assume that the facts in the motion of the requesting party are true.

Preparing a motion to the court
To file a motion for a DNA test, the request should include the following key points:

1. The main dispute – Explain why the DNA test is crucial to the case.

2. The benefits of the DNA test – Demonstrate to the court how the test will aid in the case’s resolution.

3. Individuals to be tested – Clearly state who should undergo the DNA test and whose DNA it will be compared to.

4. The place of testing – It is recommended to specify a government hospital, as courts generally trust state-run facilities.

Legal presumption in case of refusal
If the party ordered to undergo the DNA test refuses to comply, the court may apply a legal presumption, assuming that the facts are in favor of the party who filed the motion.

I hope this article helps clarify DNA testing procedures and related legal steps. If you have further questions, feel free to contact us at the Siam Center Law Group website. Thank you!