Am I The Father Of Our Child?
At Lawson-West Solicitors, we often have instructions from clients concerned to find out whether or not they are the father of a child.
The concern may arise because the client has been told he is the father of a child, and unsure as to whether this is true. Perhaps the client believes he is the father of a child but is being told that they are not. Fathers will not be named on the Birth Certificate unless they are either married to the mother or attended at the Registry Office for the child’s birth to be registered.
Parental responsiblity
A father named on the birth certificate will have parental responsibility. This is a right to be involved in decisions relating to the child’s welfare, wellbeing, education, health etc. It will also determine the liability to pay child maintenance and has far reaching consequences when looking at inheritance rules.
If a father want’s to be part of a child’s life but need’s to establish whether or not he is the father, he would first need to apply to the court for a Declaration of Parentage.
DNA testing & paternity rights
As part of this application there will need to be a DNA test undertaken to determine whether or not our client is the biological father of the child. DNA tests are usually performed by way of a mouth swab.
Once the DNA has determine that our client is the father, then the court can make a Declaration of Parentage which can then be used to amend the child’s Birth Certificate to either remove an inaccurate father’s name or to add an accurate father’s name to the Birth Certificate. The court can then look at any application for Child Arrangement Orders.
Declaration of Parentage can also be used to resolve an issue or dispute about legal parentage for inheritance purposes or financial provision for child maintenance purposes.
A real case example
We were instructed by a father to resolve a dispute about the time he spent with his child. He never doubted that he was the biological father, but the child’s mother raised a question as to whether or not he was the child’s biological father. As soon as this question arose a Declaration of Parentage application was made to the court and the DNA test proved our client to be the father.
If you have concerns about whether or not you are a child’s biological father, particularly where you are resonsible for a child's welfare or maintenance payments following divorce, you should take independent legal advice specific to your circumstances. At Lawson-West we have five experienced Solicitors able to offer advice on many different types of family issues and dynamics. Our experience not only allows us to provide the legal advice that you need, but also the practical and emotional support to assist you in these circumstances. Contact Us
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