Paternity
Declaration of paternity
What is a declaration of paternity?
Status of Children Act 1969, ss 84, 10
A declaration of paternity is an official statement by the Family Court or High Court that shows a man is the father of a child. A declaration of paternity is “conclusive evidence” of paternity meaning that it can’t be challenged. It is usually applied for when the mother or the child wants to establish rights of inheritance.
Who can apply for a declaration of paternity?
Status of Children Act 1969, s 10
If there is a disagreement about who the father of a child is, the following people may apply to the Family Court or the High Court for a declaration of paternity:
- the mother, or
- the alleged father (man), or
- the child, or
- any other person who the result will effect.
An application can be made even if wither the alleged father or the child are dead.
Can a declaration state that a man is not the child’s father?
Status of Children Act 1969, s 103
Yes. If the court is satisfied that a man is not the father of the child it can make a declaration of non-paternity. The court can do this on its own or if you ask it to.
How does a court establish paternity?
A court will look at things like:
- the history of the relationship between the mother and the alleged father and whether the relationship was known to anyone else
- when and how the child was conceived
- medical evidence about the birth
- whether the man has admitted to sexual intercourse with the mother or admitted at any time he was the father
- whether the mother had sexual intercourse with any other man around the time of the child’s conception (to find out whether anyone else could be the child’s father).
Family Proceedings Act 1980, ss 54–59
Often, the court will recommend that paternity tests (a DNA test) be done to help find out paternity. These involve either blood samples or mouth swab samples being taken from the alleged father, the mother and from the child. The man can refuse to have the test, but the court can take the refusal into account in making its decision. Legal Aid is available for paternity tests.
