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  • Parentage/Paternity

    Hi. Im currently looking for advice for my pal. Hes looking to prove parentage for his exs 9 year old. They had an affair. What im wondering is... in Uk law or even the courts is there a time limitation on challenging the parentage of a child. His ex has her partner named as the father on the birth certificate. Also can she legally say no to a court ordered dna test? What will the courts take into account if anything.

    Has he left it to late?

    thanks guys
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  • #2
    Hi Flipper187,

    Is there any reason other than the affair which I assume occurred about 9+ years ago that your friend believes he may be the father? He does need to think carefully about the repercussions not only for him and the subsequent responsibilities he would have for the child but also how this will affect the child. Is he prepared to step up to the mark so to speak and deal with maintenance etc.

    What relationship has he had with the child since it was born. Does he still communicate with the mother? Is she still with her partner (who's on the birth certificate)

    This website may help:- https://www.familylives.org.uk/advic...aternity-test/
    It is more common for the 'father' being perused for maintenance to question the paternity so much of the information out there is geared that way somewhat although the law works for those being denied their parental responsibility. It is important to bear in mind however that the Court will always have the child's best interests at the fore and unless there is cogent evidence or significant suspicion you are the father or whether the child themselves is asking the questions there is no guarantee the Court would make a direction for a DNA test to be carried out.

    It is worth reading the link above, specifically the section on the Legal Basis for Paternity Testing which explains the issues of directing a paternity test and how refusal to test can be overcome. As with any Court application it can be expensive and stressful so it is important to be certain of your reasons before heading down that road. I may be sensible for him to get a free half hour or reduced fee appointment with a children law specialist who will be able to advise him whether he is likely to be successful in any application he thinks of making before heading down that route.

    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.


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