A Declaration of Parentage is a legal process in English law. It decides if someone is the legal or biological parent of another person. This process has wide-reaching implications for inheritance rights, identity, and the accuracy of a child’s birth certificate.
Here’s everything you need to know about how to obtain a declaration and why it might be necessary.
What is a Declaration of Parentage?
A Declaration of Parentage is a legal decision made by the family court. It determines if someone is the parent of another person under English law. Often, parties seek to address disputes or legal uncertainties, including:
- Paternity disputes: Resolving disagreements over child maintenance or custody.
- Amendments to the child’s birth certificate: Adding or removing the name of a parent.
- Inheritance claims: Confirming entitlement to a deceased parent’s estate.
- Identity clarity: Providing accurate medical and genetic history for the child.
The court can issue a Declaration of Non-Parentage. This document states that a specific person is not the parent.
When Should You Apply for a Declaration of Parentage?
You can apply for a declaration if you have a strong personal interest in proving a child’s parentage. Common scenarios include:
- Birth Certificate Corrections:
- Adding a parent’s name after confirmation of biological parentage.
- Removing a parent’s name based on a Declaration of Non-Parentage.
- Inheritance Rights:
- Establishing legal parentage to claim an inheritance under the Family Law Act 1986.
- Medical History:
- Clarifying biological parentage to understand the medical and genetic history of the child.
- Parental Responsibility:
- People often need a Declaration of Parentage to obtain a Parental Responsibility Order. This order allows parents to make decisions for the child’s best interests.
How to Apply for a Declaration of Parentage
The process of applying for a Declaration of Parentage involves several steps:
1. Application (Form C63)
To begin, you must file an application for a declaration using Form C63 in the family court. This application is made under the Family Law Act 1986. It outlines the reasons for seeking the declaration and provides evidence of your interest in the matter.
2. DNA Testing
If someone disputes parentage, the court may order a DNA test. These tests must be conducted by a Ministry of Justice-accredited lab to ensure reliability. If you refuse to take a court-ordered DNA test, the court may make negative assumptions (adverse inferences). This could affect the final decision.
3. Court Proceedings
The court reviews evidence, including DNA test results, and holds hearings as needed. Complex cases may require multiple hearings, especially if the case involves international law or deceased individuals.
4. Issuance of Declaration
Once the court is satisfied, it will issue the Declaration of Parentage or Non-Parentage. In cases involving birth certificate amendments, the court will notify the Registrar General, who coordinates changes through the General Register Office.
How Long Does the Process Take?
The time required to obtain a declaration typically ranges from 6 to 12 months. Factors affecting the timeline include:
- Complexity of the case.
- Availability of court dates.
- Delays in obtaining DNA test results.
Straightforward cases may conclude more quickly, while disputes or cases involving deceased individuals can take longer.
Declaration of Parentage Cost
The cost to file an application for a declaration is £365. Additional expenses may include:
- DNA testing fees.
- Legal representation costs.
People with low incomes or those receiving benefits can apply for fee exemptions using Form EX160. This makes the process easier for everyone.
How Does a Declaration of Parentage Affect the Child’s Birth Certificate?
A Declaration of Parentage can directly impact the accuracy of a child’s birth certificate. Changes include:
- Adding a Parent’s Name:
- If the court establishes parentage, the General Register Office can update the birth certificate to reflect the correct parent.
- Removing a Parent’s Name:
- If the court issues a Declaration of Non-Parentage, the incorrect name is removed.
Does a Declaration of Parentage Confer Parental Responsibility?
No, a Declaration of Parentage confirms legal or biological parentage but does not automatically grant parental responsibility. To get this right, you need to apply for a Parental Responsibility Order under the Children Act 1989. Alternatively, you can make a Parental Responsibility Agreement with the child’s mother.
Declaration of Parentage When the Father is Deceased
If the biological father is deceased, the process becomes more complex. Options include:
- Testing Relatives:
- DNA samples from close relatives, such as grandparents or siblings, may establish paternity.
- Stored DNA:
- If a DNA sample from the deceased exists, it may be used for testing. Courts consider such evidence under cases like Spencer vs. Anderson (2018).
Certified DNA Testing Providers
Only DNA test results from accredited providers are accepted by the court. Trusted providers include:
- AlphaBiolabs
- Cellmark
- DDC Laboratories
Always confirm a provider’s accreditation to ensure compliance with legal standards.
The Role of the Child Maintenance Service (CMS)
The Child Maintenance Service (CMS) uses paternity determinations to establish financial obligations. If you disagree with their findings, you can apply for a declaration in the family court to challenge their decision.
Conclusion
A Declaration of Parentage is a vital tool for resolving disputes and clarifying legal parental relationships under English law. Whether it involves amending a child’s birth certificate, establishing inheritance rights, or understanding the medical and genetic history of a child, the process plays a crucial role in the interests of the child.
Here at Laker Legal Solicitors, our Solicitors have experience of dealing with these matters including complex and sensitive Declarations of Parentage applications which have been dealt with by Circuit Judges and High Court Judges. Whether you are the person making the application or the person receiving / responding to the application (the respondent) we can represent and advise you.
Please contact our family law team for a free no obligation discussion.
