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Dad passed away, Not on birth certificate and need advice please

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  • Dad passed away, Not on birth certificate and need advice please

    Hi, My dad passed away this March and the local authority took over as he was not on mine or my brothers certificate but they allowed us to clean out the property he was living in and arrange his funeral. The lady that was dealing with my dad at the local council told us that she had got a toothbrush for us for DNA. we have waited until now only to be told we would have to pay £900 for the DNA ( which is fine ) but we need his next of kin who was his sister to approve this. prior to my dad's funeral we had tried to reach her with no luck but I have managed to obtain her address through my dad's friends. I am lost on what to do now and really need some help/advice. I'm not so worried about my dad's finances but I would love to have his name on my birth certificate and prove he was my dad. Do I have a leg to stand on? if so what can I do moving forward. Is there no way of doing DNA without her consent? I ask as she is 81 and she doesn't know me, she may be worried. I do believe her and my dad had a rocky relationship. any help would be deeply appreciated
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  • #2
    A 'birth certificate' is a certified copy of the official register. That register can only be changed in very very limited circumstances - not yours, and therefore no certificate will be issued showing him as your father - DNA or not.

    I assume you are talking of testing her DNA. If so then it is for her at her choice whether to provide a DNA sample.

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    • #3
      When I took a court approved DNA , I could have taken it to court to have the fathers name added to BC, without his permission, but I decided not to.

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      • #4
        For a much fuller description of the law surrounding all this take a look at

        https://www.bailii.org/ew/cases/EWHC.../2015/990.html
        JK, R (on the application of) v The Secretary of State for the Home Department & Anor [2015] EWHC 990 (Admin)

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