Declaration of parentage

This how to guide explains the steps that you can take to resolve a dispute about a child’s paternity including how to apply for a Declaration of Parentage stating who a child’s legal parents are.

What is a Declaration of Parentage? 

An application can be made to court for a declaration of parentage where a dispute about a child’s paternity arises. The court can issue a declaration of parentage or non-parentage and this is recognised as legally binding. 

There are certain presumptions that the law makes in relation to paternity. A man is presumed to be the father of a child if he was married to the child’s mother at any time from the child’s conception to birth or both he and the mother have acknowledged that he is the father and he has been registered as such on the child’s birth certificate. However, the presumption is rebuttable and can be displaced on the balance of probabilities and the declaration of parentage can be used to achieve this. 

Resolving the dispute without court proceedings

If there is uncertainty over paternity, it is possible for voluntary paternity testing (DNA test) to be undertaken. It is important that this is done through a legally recognised provider. Details of accredited providers can be found here.

You have to be an adult in legal terms in order to consent to DNA testing. An adult cannot be forced to provide a DNA sample. In relation to a person under the age of 18, appropriate consent must be provided and this is defined as ”the consent of a person who has parental responsibility for him”. (Section 2 Human Tissue Act 2004). 

Testing laboratories ordinarily require 3 samples (mother. alleged father and child). However, a test can still be conducted (although the probability may be less reliable) with samples from the child and the alleged father only.  

The Human Tissue Act 2004 does not stipulate that the consent of each person with PR is required in order for the child’s sample to be taken. That being said, each laboratory will take their own view on the consent required. 

Who can apply for a Declaration of Parentage?

Anybody can make an application for a Declaration of Parentage. There are no restrictions on who can apply for such an order. 

How to apply for a Declaration of Parentage 

1. Complete an application for a declaration of parentage on the form C63. 
2. The above form will need to be filed at the family court nearest to where the child in question lives. 
3. There is a fee of £415 for this application. There is a fee exemption form available on EX160 (guidance EX160A) if the applicant is on a low income or in receipt of income-based benefits. 
4. On 23^rd November a new DNA scheme was introduced in cases concerning child arrangements where the case depends on the need to establish paternity. Under this scheme CAFCASS can facilitate and fund DNA tests which are directed under section 20 of the Family Law Reform Act 1969. 

The DNA-Testing process

If the Family Court orders that a DNA test be carried out to confirm the parentage of the child then the potential father will be required to attend an appointment to have a DNA sample taken. This is usually taken on a swab from inside the cheek. A CAFCASS officer will supervise this and confirm the father’s identity and he will be asked to sign a declaration and consent form.

The person with care and control of the child will be required to bring the child for a DNA sample to be taken. This will be supervised by a CAFCASS officer and you will need to prove your identity.  You will be asked to sign a declaration and consent form.

The testing laboratory will then produce a report which will either find:

• 99% positive proof that the father is biological father or
• 100% proof that the individual is not the father.

The report is usually provided to the court within six weeks of receiving the court order.

Can the court override a refusal to provide consent? 

The court are unable to force an adult to provide a DNA sample and this can cause prejudice to the testing process. However, the court can draw an adverse inference from a refusal and a declaration on parentage or non-parentage can still be made. 

”Where a court gives a direction under section 20 of this Act and any person fails to take any step required of him for the purpose of giving effect to the direction, the court may draw such inferences, if any, from that fact as appear proper in the circumstances.” Section 23 sub-section 1 Family Law Reform Act 1969. 

The court can direct the child’s sample be taken and this can be carried out even if the person with care and control of the child does not consent if the court considers that it would be in the best interests for the sample to be taken. 

”A bodily sample may be taken from a person under the age of sixteen years;

• if the person who has the care and control of him consents; or
• where that person does not consent, if the court considers that it would be in his best interests for the sample to be taken.” Section 21, sub-section 3 Family Law Reform Act 1969. 

Effects of a Declaration of Parentage

• The Declaration declares who the parents of a child are. This can be shown to the General Register Office who have the discretion to name the father on the child’s birth certificate. Section 14A Births and Deaths Registration Act 1953.
• Adding a father’s name to the birth certificate following a Declaration of Parentage does not automatically give the father parental responsibility. It is advisable to enter in to a Parental Responsibility Agreement with other persons with parental responsibility or apply to court for a Parental Responsibility Order in order to get parental responsibility. See our page on Parental Responsibility for more information.
• A Declaration of Parentage can help to improve relations between separated parents. It recognises the fact that the child has two parents who both have a role in promoting the child’s welfare. 

Where a man who is not the biological father is named on the birth certificate

There are occasions where a man who is not the biological father of the child is named on the birth certificate. For example, husbands are automatically added onto the birth certificate but it may later come to light that they are not the biological father. Following the Court issuing a Declaration of Parentage, this can be shown to the General Register Office who will issue a new birth certificate with the biological parents named. The original information will always be shown as it was first given at the time of the registration, but a note will be written in the margin of the register explaining the details of the named man should not have been recorded and the date on which the correction was made.