Information for Lawyers & Legal Practitioners

At DNAQ, we appreciate the complexities of family dynamics and the unusual circumstances which may arise with respect to DNA testing. Our trained staff are here to assist you in the process, and can advise you on special or specific requirements regarding particular circumstances. If you have any questions regarding the processes, or would like to discuss the details of a particular case, please do not hesitate in contacting us.

What kind of testing does my client need?

We offer two categories of DNA testing – Non-Legal (Peace of Mind) and Legal.

For a Non-Legal Paternity test, the samples can be collected by the participants at home, themselves. With this form of testing, the samples (a buccal or mouth swab) are provided to us in good faith and there is no requirement for identity to be checked or verified.

Legal Paternity Testing requires a more complex collection process to maintain a ‘chain of custody’ and the process is more extensive in its paperwork and its requirements with respect to specimen collection and confirming identification. The laboratory procedures and results are to Australian NATA standards which require the DNA collection to be undertaken by an authorised collector, and a legal affidavit to confirm the client’s identity.

It is not possible to undertake a ‘Peace of Mind’ test and then to upgrade to Legal, due to the way the samples are collected. We strongly recommend all clients proceed with a Legal Paternity Test from the start.

For any clients requiring testing for matters before the Family Court, such as cases involving Child Support or Child Custody disputes or for changes to a Birth Certificate, a Legal paternity test is necessary. We also offer Immigration DNA testing for clients who require DNA testing for Visa or Citizenship application, as requested by the Department of Home Affairs.

Other Uses for Legal DNA Tests

For individuals, a legal genotype can also be prepared. This will provide clients with their unique DNA profile, that can be added to their will in the event of any claims or disputes on their estate following their passing.

It is also possible to arrange DNA testing, where one of the parties is deceased. Where an autopsy has been performed on the deceased, a sample from the deceased may be held by the coroner that can be used for DNA testing. DNAQ can assist you in obtaining permission from the State Coroner for release of the sample for testing. Click here for more information.

Ordering a DNA Test

Our Legal Testing application must be completed, with details of all persons being tested prior to starting any testing. An application can also be submitted via our website – click here to Order Now. Upon application DNAQ will start your case. We can send the testing kits directly to the client, or to the Lawyer if requested. Clients do not have to attend the collection together, and can have their collections taken at different locations or on different days. We can send separate kits for each party being tested to facilitate this, if required.

DNAQ respects the confidentiality of all information associated with paternity testing. The details of the parties being tested are required so we may assist in arranging sample collection and also ensure samples are received from the intended parties. Confidential or identifying information will not be released to any other parties under any circumstances. DNAQ abides by the Privacy Act 1988.

How are the samples collected?

Once we have received the application, a DNA testing kit for each person will be sent to the requested address. It is not a requirement for all parties to have their samples collected at the same time or at the same appointment.

For the collection, each person to be tested, including children, will need:

• 2 x identical passport style photos. One photo will be attached to Form 2 and the other will be attached to Form 4 which is sealed inside the DNA kit. These can usually be taken at your local post office.
• Government-issued Photo Identification, such as a Driver’s license, Proof of Age Card or Passport. For children, please provide a Medicare card or Birth Certificate. If there is no identification available for the child, please contact DNAQ to discuss options.

The samples will need to be collected by a third party, such as a doctor or pathology nurse. We recommend that clients approach their local doctor or GP first. If you are having trouble arranging a collection, DNAQ can assist with arranging the collection at a Pathology Collection centre, such as QML or Medlab Pathology. Please contact us for more information.

Alternatively, DNAQ also offers the convenience of in-house collections at our laboratory in Brisbane. We can arrange for Justice of the Peace to be present to witness the paperwork, and collect the samples at one appointment, for an additional charge per person. Please contact us if you would like to arrange an appointment.

Collection Process with GP or Pathology Collector

1. Once your application and payment is received DNAQ will send a security sealed DNA kit for each person to the addresses provided upon application.
2. Do not open your DNA kit – It has been security sealed and must only be opened by the doctor or pathology collector.
3. You must obtain 2 identical passport sized photos of each person being tested, one will need to be attached to form 2 and the other to form 4 which is sealed inside the kit.
4. Call the doctor’s clinic or pathology collector to make an appointment. (DNAQ suggests making an afternoon appointment to ensure there is enough time to complete your Form 2 prior to the collection)
5. Form 2 must be completed prior to but on the same day as your collection, the form 2 must be witnessed by a Justice of the Peace or Police Officer.
6. BOTH passport sized photos need to be certified and signed by the Justice of the Peace/Police Officer.
7. If you are attending with the child in question please complete part 1 for yourself and part 2 on behalf of the child, if you are not attending with the child only your own details are required.
8. The filled Form 2 needs to be taken with you to your collection appointment along with the second passport sized photo and some form of ID (e.g Driver’s License, Passport or Medicare card for children)
9. Do not eat, drink or smoke/vape for 30 minutes prior to your DNA collection. For small children, this includes no formula or breast milk for at least 30 minutes prior to collection.
10. Please note your doctor or pathology center may charge you for your collection appointment.

Any deviations from this procedure will result in delayed processing and/or re-collection of
samples which will incur a $60 charge to the client. If you have any questions regarding the collection process, please call DNAQ on 1300 172 837 during business hours.

Processing of Samples

As soon as all samples are received, the case will be promptly processed. We endeavour to have the results mailed within 3-5 working days of the receipt of the samples. An Express processing option is offered for an additional $350, which guarantees results in 2 working days.

Results

Once the case has been finalised, a copy of the results will be mailed to the parties tested. Results may also be emailed if consent is given at the time of collection. Results can also be provided to third parties, such as lawyers, if written consent is given by the tested parties.

If you have any questions regarding the processes, or would like to discuss the details of a particular case, please do not hesitate in contacting us.