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Buachaill
Buachaill, Barrister
Category: Law
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Experience:  Barrister 17 years experience
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My step-daughter has lived with me since 3.5 years old

Resolved Question:

Hi,
My step-daughter has lived with me since 3.5 years old and is now 16. She was born in Africa and her believed biological father is in Africa, she lived with him from birth to 3.5 years old with my wife. My daughter she is aware of him but has no interest in a relationship with him. We live in the UK
Now another man who could be the father and he is living in the UK. He has made a number of approaches to us to meet my step-daughter but we have always denied this. He wants my step-daughter to take a DNA test to prove if he is the father. We believe he only wants to prove a relationship to help his immigration status in the UK. We have refused a DNA test request but believe the next step is him to go get CSA DNA court ordered test. We would really like to refuse this, as we don't believe its in the child's best interest, she has no need for another father figure and nothing to gain from this relationship.
What would we need to do to refuse this?
Is it likely to succeed?
Does the fact that my step-daughter is now 16 make a difference?
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Under the Blood Tests (Evidence of Paternity) Regulations, 1971, a blood sample may be taken from any person in order to determine paternity. The applicant may be anyone with an interest in paternity. Accordingly, this African man, may make an application to determine paternity of his potential child. Be aware that in practice, once a person swears that they had sex with the mother, an application will succeed unless there is some clear evidence to the contrary. The attitude of the courts is that they are there to facilitate determination of paternity. Not prevent it. Accordingly, if this African man swears he had sex with the mother around the time of the conception of this child, a paternity application will be granted and a blood test taken from the child of 16. Objections you may make based on having no interest in determining paternity will not cut any ice. The court's sympathies will lie with the natural father. Applications of this nature are only refused where there is countervailing evidence of a strong nature or something untoward happening. However, a girl of 16 will be taken to have to know who her natural father actually is, I regret to say.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10405
Experience: Barrister 17 years experience
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Customer: replied 1 year ago.

thanks

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