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Ask Clare Your Own Question

Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33293
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have a son from a different person,while I was married,Later

Customer Question

I have a son from a different person,while I was married,Later I got divorced.On the birth certificate the name of the father is my ex and not his biological father.i later married his biological father,who passed away in 1995.My son was born in1978.
I do not have the where about of my ex,whose name is XXXXX XXXXX birth certificate.
Now I want to change his real fathers name on the birth certificate. what can i do.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question
I shall do my best to assist you but I need some further information first.
Was a DNA test ever done to confirm the true paternity?
Claire
Customer: replied 3 years ago.

No DNA test was done.


 

Expert:  Clare replied 3 years ago.
Hi
What evidence do you have of the actual paternity?
Claire
Customer: replied 3 years ago.

i know it and might have a school form where his biological father has signed

Expert:  Clare replied 3 years ago.
Hi
That will not assist I am afraid
Are there any other biological relatives who could have a DNA test?
Claire
Customer: replied 3 years ago.

who would be the relatives who can do the DNA. i have another son from the same father,both the boys are real brothers according to me.


there is a cousin who is my late husband's brothers son.

Expert:  Clare replied 3 years ago.
Hi
Is the brother registered in the name of the biological father?
Claire
Customer: replied 3 years ago.

yes

Customer: replied 3 years ago.

yes,the brother has the same biological father.

Customer: replied 3 years ago.

Yes, the brother is registered in the name of biological father.i am the mother of both the boys.

Expert:  Clare replied 3 years ago.
Hi
My apologies for the delay
Could you trace your ex and get a DNA test from him
Claire
Customer: replied 3 years ago.

I do not have a trace of him and even if i find him which is 1% chance as he is not in uk,he will not coperate.what about his brother dna.


 

Expert:  Clare replied 3 years ago.
Hi
Do you mean your ex's brother?
Claire
Customer: replied 3 years ago.

my other son who has the same biological father and me as their mum.can his dna be ok to support the evidence for the my son in question. both the boys hav the same father and me as their mother.in my opinion,the son in question has the nearest relative -my second son.

Expert:  Clare replied 3 years ago.
Hi
You will certainly need the DNA of both of your sons BUT that will not show which of the fathers named on the certificates was the biological one and for that you will need a further link to the biological father
Once you have those three DNA tests in place then your son can apply to the General Registrars Office for the birth record to be corrected.
You will have to chose a DNA laboratory which is approved by the GRO
I hope that this is of assistance
Claire
Customer: replied 3 years ago.

i have from the begining said that their biological father is dead.son in question has a brother, whose father and mother is the same.we do not have a trace of my ex as he left uk long time back.


I am confused how can i get a dna of a person who is dead. who is the third person you are thinking we should get a dna from.Your clear answer will be helpfull.

Expert:  Clare replied 3 years ago.
Hi
The fact that your sons share DNA proves that they have the same father - but does not prove which of the named fathers is the correct one I am afraid.
You did however mention a cousin of your late husband who could be a "control" - if he shares DNA then the link is proved.
Without this - or tracing your ex and forcing a DNA test via the courts then I am afraid it simply will not be possible to correct the record
Claire
Customer: replied 3 years ago.

cousin is the son of my sons biological father's brother.if the dna of cousin taken and all have a close link,can that be proved that they have a same family.


 


i also have a son who is my ex husband'son with me.May be his DNA can show that he is distant from the other two sons.


 


which of the three people's DNA prove that my ex is not connected to my son in question.


 


Is it-


 


Two sons(same father and same mother) and step brother (same mother and my Ex as father)?


 


or


 


Two sons (same father and same mother)and Cousin(different mother and biological father's brother as father)?


 


thanks


 

Expert:  Clare replied 3 years ago.
Hi
The fact that there is another child who bears the same names on his birth certificate should indeed provide the evidence that you need that the birth certificate does not accurately reflect the parentage
Claire
Customer: replied 3 years ago.

your reply is not clear. can u please clarify ,whose DNA is needed to prove the biological father for the son in question .


 


Is it the two brothers with same biological father and same mother?


 


Step brother with my ex and myself as mother?


 


Cousin with biological father's brother and different mother?


 


Please clearly tell me the three people ,whose DNA will be able to establish who can be the biological father - for son in question.


 


Thanku ,your urgent reply will be much appreciated.



 


 


 


 

Expert:  Clare replied 3 years ago.
Hi
All three of the children should have a DNA test and this should be used to prove the parentage of the child whose birth was mis-registered
Claire

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