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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10268
Experience:  30 years as a practising solicitor.
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I have a partner and he is on my childs birth c

Resolved Question:

I have a partner and he is on my child`s birth certificate. There is a possibility that he is not the real father. What are my options if none of the alleged fathers want to have dna tested? My partner wants to be a father regardless, but I am desperate to find out the truth, my baby is 1 year.

Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.

You will have to persuade your partner to take the test.. If he refuses then that is an end of it and you can't do anything else.

If he takes the test and he is the father then that is fine.

If he is not, then you would have to take the other man to court and raise a declarator of paternity, asking the court to request him to take a test. If he does then that again will give the result. If he refuses, which he is entitled to do, the court is entitled to assume that he is the father and would grant a declarator of paternity. So. It would be in his interests to take the test.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

So the only way is to have done legal test with my partner ..And what happens then? They will take his name off the birth certificate? And then I can bring up the case in the court against other person? Will the other man`s name appear in the birth certificate or can I leave it blank? Will I be able to receive child maintenance if I still live with my partner? How much cost to bring the case up to the court and who has to pay for it?


 

Expert:  JGM replied 2 years ago.
Yes you have to do that to find out if he is the father. He won't be taken off the birth certificate unless you apply to have this done.

If you do that the other man dies not have to go on the birth certificate. If it turn out he is the father he would be due to pay child maintenance even if you have another partner.

If you have to go to court you would pay your solicitor unless you qualify for legal aid. You would ask the court to make the other party pay judicial expenses of the action which could be set off against your legal fees.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10268
Experience: 30 years as a practising solicitor.
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