He claims his father confessed to him before dying that he was the hidden son of Al Capone.
The Capone family has denied Christopher Capone's request for a DNA sample.
He says the court action is simply a precautionary measure.
"This is not for money my main goal is to find the truth behind a father's confession to his young son and to his daughter and it has been for the past 25 years, period," said Christopher Capone.
Capone has written a book about his genealogical research. He says exhuming Al Capone's body is a last resort to proving his lineage.