For many Fathers discovering they are not named on their child’s birth certificate can be confusing, frustrating and deeply upsetting. Whether it was an oversight, a breakdown in the relationship or a deliberate exclusion, the legal consequences are significant as they affect the Fathers’ legal ability to make decisions about their child’s upbringing, access the child’s medical or school information or apply for a Child Arrangements Order through the Courts.
If paternity is uncertain or contested, the Family Court in England and Wales has clear legal procedures to resolve the matter fairly and in the best interests of the child. Together with Hannah Barlow we will explain in simple terms how paternity is dealt with during court proceedings, what legal powers the court has and what Fathers can expect when paternity becomes a central issue.
Paternity Testing in Court
Paternity may need to be determined in several types of family law proceedings such as when dealing with applications for a Child Arrangements Order, Parental Responsibility Order, Declaration of Parentage. They are also used within child maintenance disputes or connection with Birth Certificate and registration issues.
The Family Court can order a DNA test under section 20 of the Family Law Reform Act 1969. Testing must be carried out by an accredited laboratory via the court-approved list which can be found here https://www.gov.uk/get-a-dna-test . These labs are members of the Ministry of Justice’s list of accredited bodies and adhere to the international quality standards.
Samples are typically taken from the child, the alleged father and the mother (if relevant) and the refusal to cooperate with testing may lead the Court to draw adverse inferences against that party. The Court places a strong emphasis on the importance of a child knowing their biological origins which reinforces the notion that testing should usually be ordered unless strong reasons exist not to.
What is a Declaration of Parentage?
If the Court determines that an individual is or is not the legal parent of a child, it may make a Declaration of Parentage under section 55A of the Family Law Act 1986 to confirm the same. In other words, a Declaration of Parentage backed by DNA evidence can be a crucial first step toward being named on the child’s birth certificate and asserting your rights and responsibilities in respect of that child.
This is a formal process which requires an application to the Family Court for a Declaration of Parentage to be completed on Form C63. The application fee is currently £365 but fee remission may be available depending your level of income. The Court may list a hearing and request further evidence from you showing your involvement with the child and the pre-existing links with the child. If paternity is disputed, a DNA test may be ordered and once the Court is satisfied, it can issue a declaration confirming you are (or are not) the legal father.
Updating Birth Certificate
If the court confirms you are the father, the Registrar General is notified under section 14A of the Births and Deaths Registration Act 1953, and your name can be added or corrected on the child’s birth certificate. Being named on the certificate is not just symbolic but it can strengthen your position when applying for Parental Responsibility or contact.
As a special private children team we regularly support Fathers involved in paternity disputes, DNA testing applications and wider child law proceedings. If you are facing uncertainty about paternity, or if you have been wrongly excluded from your child’s life, please do not hesitate to get in touch for a confidential consultation.
