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Kasare
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience:  Solicitor, 10 yrs plus experience in civil litigation, employment and family law
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Can DNA proven Adult children claim money from Biological

Resolved Question:

Can DNA proven Adult children claim money from Biological Fathers
Submitted: 2 years ago.
Category: Law
Expert:  Kasare replied 2 years ago.
Hi, I will try to assist you with this.
Your question is not entirely clear, are you asking if an adult who's DNA results prove they are the child of a man claim money? If so, what kind of money? maintenance? inheritance?
Thanks
Customer: replied 2 years ago.

If An Adult Child who was given up for adoption by Mother then at age 34 approaches the possible Father to take a DNA test to prove identity does the Biological Father become liable for any Money?

Expert:  Kasare replied 2 years ago.
Hi Andrew
I am afraid as an adult child, the biological father would not be liable to pay anything to that child, even if a DNA test proved him to be the father.
Unfortunately, as the adult child was adopted, the legal parents of that child become the adoptive parents, not the biological ones. This means that an adopted child is also not automatically eligible for a share of a biological parent (or family members) estate if that person dies intestate (without a will).
I am sorry this is likely not the answer you were wanting to receive, but this is the position under UK law.
If you have any further questions about this please ask.
Kasare, Solicitor
Category: Law
Satisfied Customers: 1301
Experience: Solicitor, 10 yrs plus experience in civil litigation, employment and family law
Kasare and other Law Specialists are ready to help you
Customer: replied 2 years ago.

As a follow up question Kasare, is there any law that forces a Possible Father to take a DNA test for a 34 year old man, I am the possible Father! Thanks

Expert:  Kasare replied 2 years ago.
Hi,
An adult child could argue that it is a fundamental human right to know who one’s biological parents are. The relevant provision of the Human Rights Convention would be Article 8 – the right to respect for private and family life. Arguably this includes the right to information about one’s identity. However this right is not absolute and other factors could override the right (such as the rights of the biological - purported or otherwise - parents rights).
If your refuse to have a DNA test, the adult child could also apply to a court for an order forcing you to take a test. This could be done on the basis of the child's potential inheritance rights - but if the adoption was undertaken correctly then this adoption extinguishes a child's claim to the biological parents estate.
But, if the adult child decided to go down this route, they could make an application under section 56 of the Family Law Act 1986 for a declaration as to the identity of their father.
However, bringing court proceedings would not be easy and as I say they would have to have persuasive evidence as to why they consider you are the biological father.
Does that help, Andrew?
Customer: replied 2 years ago.

Thank you Kasare, That is very clear on both answers.

Expert:  Kasare replied 2 years ago.
Thank you Andrew. I wish you well in this matter, which I am sure if very upsetting/unsettling for you after all this time.
Please do not forget to rate my answer (positively is always appreciated!).
Many thanks
Kasare

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