The laws of England and Wales allows for a declaration on the issue of parenthood in any case where parentage is disputed. The Family Law Act 1986 (s55A) allows a person to apply for a declaration of parentage i.e. a declaration from the court as to whether or not the person named in the application is or was the parent of another person so named.
The law makes several presumptions about a child’s paternity. That includes if:

• The father and the mother were married at some time between conception and the child’s birth
• OR The father and the mother both acknowledge him to be the father of the child
• AND The father is registered on the birth certificate as such

However, there are numerous ways that this presumption can be disproved. The Court can make a declaration of parentage for the child or of non-parentage. The decision the Court makes is legally binding.

In many situations, such as divorce or separation, it is in the best interest of all involved for an agreement to be made outside of the courts. It is possible for family mediation to be used as a way to resolve disputes and create a custody and financial agreement for the child.

It is necessary to obtain consent to obtain a DNA sample. The only person who can give that permission for anyone under the age of 18 is someone with parental responsibility for the child.

We encourage our clients to work with a highly experienced divorce solicitor and mediator to try to come to a compromise on this legal matter if it is at all possible to do so. That can enable both parents to make decisions about what happens, sometimes eliminating the frustrations present. Contact Austin Kemp’s divorce solicitor for legal guidance in these matters right away.

The goal of a declaration of parentage is to:

Remove an inaccurate name from a child’s birth certificate

• Adding an accurate name to the child’s birth certificate
• Resolving issues or disputes regarding the child’s legal parentage for inheritance
• Resolving disputes related to financial provisions for the child, including child maintenance
• Correct inaccuracies related to the biological or legal parentage after a DNA test.

In any of these situations, working with a highly skilled and experienced divorce solicitor is critical. Our family solicitor will provide you with guidance on the proper steps to take at any stage of this process, whether you wish to be named as the father, removed as the father or you are the mother and want the correct information included on the child’s birth certificate.

Austin Kemp’s family solicitors will work with you throughout the legal process. If you are currently going through a divorce or separation, we can help you with everything from creating a fair divorce settlement to transferring property.

When it comes to establishing the rights of a parent, including child custody and child maintenance, we highly encourage you to work through our family solicitors to create a plan. If that is not possible because the parents do not agree, the best option is to petition the Court using the evidence available.

Every situation is unique. We provide very personalised services to our clients to ensure you have all of the information you need to make a decision on how to move forward.