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Ask Clare Your Own Question
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34121
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 want to know the procedure about having my name added on

Customer Question

I want to know the procedure about having my name added on my children's birth certificates. My ex-partner never wanted my name on the birth certificates and lied to the registrar that she does not know the name of father as the children were born as a result of her one night stand with strangers. Now I have the DNA report to confirm that I am the father and I have child arrangement order (by consent) from court, but I still want my name to be added on my children's birth certificates but I don't know how to. Can you please help in detail. Thanks
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
How old are the children and was the DNA test completed under the terms of a Court Order?
Have you been granted Parental Responsibility for the children
Clare
Customer: replied 2 years ago.

daughter is 4 years and 11 months old

son is 3 years and 10 months old

The DNA test was not completed under the terms of a Court Order, but I had it done myself.

I don not understand what I was granted (parental responsibility or Child arrangement), but the order reads as follows:

Child Arrangement Order Section 8 Children Act 1989.

Upon hearing both sides in person

By consent

1- applicant father shall spend time with children every weekend at times to be agreed with the respondent mother

2- applicant father shall have contact at the respondent mother's house and in her presence until she agrees that this is no longer necessary

3- there shall be such holiday contact and other forms of contact as may be agreed

4- respondent mother shall make the children available to speak to the applicant father every day by telephone if he rings between 5pm and 7pm

5- This is a final order

I hope I have provided the information you required to answer my question. Thanks

Expert:  Clare replied 2 years ago.
Hi
Thank you for that.
Which company did the test?
Clare
Customer: replied 2 years ago.

The test was done by "That DNA Company" (trading name for Complement Genomics Limited)

website:www.thatdnacompany

Thanks

Expert:  Clare replied 2 years ago.
Hi
Thank you for that.
At Court can I assume that the mother did indeed admit that you are the father?
Clare
Customer: replied 2 years ago.

yes she did

Customer: replied 2 years ago.

Yes the mother did admit at may occasions during the process that I am the father of children.

I am still waiting for your answer.

Thanks

Customer: replied 2 years ago.

Correction: Yes the mother did admit at many occasions during the court hearings that I am the father of my children.

Expert:  Clare replied 2 years ago.
Hi
Unfortunately the laboratory that you used for the DNA test is not one recognised by the General registrar's Office so you cannot simply go ahead and have your name added to the birth certificates.
You therefore a have a range of options.
You can ask your ex to re-register the births with you
You can ask your ex to sign a Parental Responsibility Agreement for each child
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c(pra001)-eng.pdf
You can pay for a DNA test by one of these firms
https://www.gov.uk/dna-testing-parentage-disagreements
and forward the result to the General Registrar's Office with the form to amend the Register signed by you and your ex.
If your ex will not agree to any of these you will have to make a formal application to the court for a Declaration of Parentage
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/c063-eng.pdf
Please ask if you need further details
Clare