A Brief about DNA Paternity Test
DNA paternity test is a biological process to establish the existence or nonexistence of father-child relationship. If husband has reason to believe that he is not the biological father of a child, he may find out whether father-child relationship exists between them. And he may do so without the consent of the child’s mother.
But if husband requests the court to make an order to conduct a DNA paternity test in a lawsuit, he must adduce “necessary” evidence to prove that it is likely that the child is not his own. What evidence is “necessary” for such a purpose?
No detailed provision is included in laws or judicial interpretations in respect of such “necessary” evidence. Based on the experience of lawyers, the following may be deemed such “necessary” evidence if:
1. the child’s mother expressly states that his husband is not the child’s biological father;
2. wife prevents visitation between the child and the father in case of alienation of love and affection between wife and husband;
3. it is obviously seen from the appearance of the child that there is not father-child relationship, for example, they have different skin colors;
4. wife had relationship with another man; or
5. husband and wife were living separately when wife became pregnant.
There may be many other circumstances to prove the probability of nonexistence of father-child relationship. Even if the court does not order a DNA paternity test be conducted, the father may do so on its own initiative without the consent of the child’s mother.
Robert Zhang 
Steve Li 