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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10487
Experience:  I have been practising for 30 years.
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Im devastated to have just received the dna results back

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Hi,
im devastated to have just received the dna results back stating zero percent chance that I'm the father to my son who i love & have looked after emotionally & financially since his birth (6 months).
I am the registered father,
The relationship with the mother & her family has totally broken down, her parents are controlling the situation. I havent seen my son since finding out due to tensions between the familys. I know we have to now carry out a legal DNA test to correct the registerd birth but what are my rights/options.
Regards
Dave.

Hello for clarification - are you still with the babies mother?

whose name is ***** ***** birth certificate?

Customer: replied 10 days ago.
No longer with the mother, baby has my surname also i am the registered father on the birth certificate

You are correct that only a court approved DNA test is sufficient for changing any details.

I don’t whether you are looking at changing the name on the birth certificate or whether the mother is but here is an article in exactly that subject:

http://www.dnatestingclinics.co.uk/resources/paternity-testing-related-articles-and-news/change-a-birth-certificate-with-a-paternity-test

I don’t know whether you have been paying Child Maintenance and whether you’re still with the mother or not you are not and you were paying Maintenance, you may be able to get it refunded

https://www.gov.uk/child-maintenance/disagreements-about-parentage

In the interim, as far as the law is concerned you are the child’s father and are responsible for paying Child Maintenance and to have contact with the child until it’s officially decided otherwise.

Depending on the age of the child, you may be able to continue to have contact if you wish.

Can I clarify anything else for you?

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! (Although there is an incentive scheme where the more five-star ratings I get, I do actually get a pat on the head! :-)) All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

Customer: replied 10 days ago.
You state depending on the childs age i might be able to continue seeing him, can the mother rufuse that, if so is that to be a court desicion)
The child is 6 months old?
Maintance- I have paid the mother £200 p/m via direct debit since birth.
I think i would like the birth certificate ammended, should that be at my expense?
Sorry but all very raw at the moment, not sure if to keep contact with the child or not. Emotional bond too him
Regards dave

I cannot for one moment imagine how you feel but I do understand that one minute you would be feeling one way and another minute another.

If the mother refuses contact with the child, you would be faced with applying to court for an order for contact to continue and whether that happened, would be in the hands of the court.

A lot would depend on the bond between you and the child but looking at it from a child’s point of view. What would be in the best interest of the child.

If you read the links, on the first link, you will see there is no cost for amending the certificate although if you want a copy, there is a nominal cost for that, and on the second leg, you may be able to recover the cost of the DNA test from the Child Maintenance Service who would then seek to recover it from the mother along with any child maintenance you have paid from the date that you raised the issue which would appear to be now.

The issue of refunds would depend on the circumstances and whether the mother deliberately lied on the birth certificate

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