Many births are registered with an incorrect father and if this was 31 years ago, it could well be that at the time, in 1987, the father who registered himself as the natural birth father may have genuinely believed he was the father or he may have done it on the basis that he knew he wasn’t but he was doing it to preserve his relationship with the child’s mother and was prepared to take on the child as his own. DNA profiling was only used in a criminal investigation in 1986 and it was many years after that but it became commonplace in family proceedings.
Although the natural father may have been denied contact with his natural child, the only person who has been financially disadvantaged would be the father that registered the birth if he was indeed not the natural father.
Presumably, to prove his case, the prodigal child will readily submit to a DNA test. For court purposes, only a court approved DNA facility is acceptable because the circumstances of taking the tests are strictly controlled. Other nonapproved facilities are much cheaper but easily able to interfere with unless all samples are taken in the presence of all parties and sent off in the presence of all parties.
The natural child refuses to submit to a DNA test or the family members wishing to contest this refuse, there is a presumption against the person who is refusing.
If the DNA test proved that he is the natural child, that cannot be taken away and he would have a potential claim under the Inheritance Provision for Family & Dependents Act.
The relevant sections are 1 (1) (c) and 1 (2) (b)
the difficulty are the words, “Reasonable Financial Provision” because there is no definition and turning up out of the blue after 31 years, reasonable is going to be far less than if it was a natural child who had been estranged for 12 months.
He does have a claim, the difficulty for him and for the other beneficiaries and the executors is quantifying that claim.
Can I clarify anything else for you? I’m happy to answer any specific points arising from this.
I’m happy to answer any specific points arising from this.
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