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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 35058
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My husband had an brief fling 6 years ago and had a child.

Customer Question

My husband had an brief fling 6 years ago and had a child. Now she has had another kid and saying its his and even hYperated the surname. How can we find out if she is his. Can we make her do an DNA?
Submitted: 4 years ago.
Category: Law
James Mather
Expert:  James Mather replied 4 years ago.

Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects. Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

Unless I have all the facts that I need, my answer would not be accurate.

-Could you explain your situation a little more?
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Expert:  Clare replied 4 years ago.
Hi
Thank you for your question.
The mother is entitled to give a child any surname that she wishes and you will not be able to force her to change it.
If however you simply wish to have "proof" that the child is not his then your husband can apply to the court for a contact order and within that application he can request a DNA test
The application is made on a form C100
http://www.thecustodyminefield.com/CourtForms/C100.pdf
and the fee is £200
I hope that this is of assistance
Claire
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