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Harris
Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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A woman claims i am the father to her new born child. We

Resolved Question:

A woman claims i am the father to her new born child. We were sleeping together 9 months ago but were not together in a relationship.
She maintained throughout her pregnancy that i was the father, sending me scan pictures, inviting me to the scan dates, discussing surnames etc.
Earlier on in the pregnancy she said she did not have a problem with getting the baby DNA tested after she gave birth. The child has now been born (4 weeks early she claims), we havent really spoken in the last few months when she suddenly messaged me on whatsapp saying "our son is born" with an accompanying picture of him presumably having just been born this was 4 days ago.
She is now refusing to do a DNA test, and says i can either be on the birth certificate or not but she wont allow a DNA test.
My question is, since vehemently alleged that I am the father since the onset, can I apply for a DNA paternity test and is a court in the UK likely to grant the request.
I have all the messages she has sent via Whatsapp / Text stating that I am the dad, even sending me her bank details.
Submitted: 1 year ago.
Category: Family Law
Expert:  Harris replied 1 year ago.

Hi, thank you for your question. If she will not agree to a DNA test voluntarily, you can apply to the child's local family court for declaration of parentage. The court fee is £365 and the court form is here: http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=2631

If the court agrees to the DNA test you will need to instruct a private company listed here to undertake the test: https://www.gov.uk/dna-testing-parentage-disagreements

I hope this assists you. If you found this information helpful please provide a positive rating using the stars at the top of this page. I will not be credited for answering your question without a positive rating. Thank you

Customer: replied 1 year ago.
But i am not on the birth certificate. She did offer to put me on but will not agree to any DNA test. Is the court likely to grant the request, what are the things they generally consider. If i visit a solicitors office, can i pay to get some sort of formal letter written from them , offering her the chance to do a DNA before an application for court is made ?
Customer: replied 1 year ago.
I dont want to be on the birth certificate until i can be sure the child is mine, she is refusing the DNA test. Will me not being on the birth certificate affect the application ?
Expert:  Harris replied 1 year ago.

If the birth certificate has already been issued then it cannot be amended to include your name even if it turns out you are the father after a DNA test. In that case you will need to enter a parental responsibiltiy agreement with the mother, or apply for a parental responsibility order from the court - this will give you the same rights as being named on the birth certificate.

For an application for declaration of parentage (as referred to previously) you do not need to be named on the birth certificate - you only need a copy of it. If she does not provide a copy you will initially need to make an application under form D11 and a £155 court fee for leave to apply for declaration of parentage without a birth certificate.

You, or a local solicitor, can write to her proposing a DNA test and stating that you would apply to court if she does not agree

Harris, Family Law Expert
Category: Family Law
Satisfied Customers: 2851
Experience: Family Law - Specialist in Divorce, Financial Relief and Children Matters
Harris and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks.
Expert:  Harris replied 1 year ago.

Thank you - I hope it goes well. If you have any questions in the future you can ask for me directly by starting your question For Harris

Expert:  Clare replied 1 year ago.

My name is ***** ***** I gave been a solicitor for more than 30 years.

The risk of applying for a Declaration of Parentage is that all the woman has to do is agree that you are the father and the matter is closed without a DNA test.

A better option is to apply for a Child Arrangement Order and ask for a DNA test within that application.

Please note that if you wish to be added to the birth certificate should the DNA test prove positive then your name can indeed be added to the birth certificate.

In the event that you wish to apply for the Declaration of Parentage you can obtain a copy of the birth certificate from the Registrar's Office (they are public documents)

You cannot use a D11 as it is a Divorce not a Children Act applictaion form