My ex wants me to look after her child, but I don’t believe I’m the dad. What can I do to prove this?

There are many reasons why you might need to establish a child’s paternity and it is very important that, where possible, this is done as soon as the doubt arises. As the parent of a child, there are legal rights and responsibilities which you will have for the child such as making decisions in relation to the child’s health, education and welfare as well as inheritance rights implications. Establishing the child’s paternity could allow you play a more meaningful role in the child’s life. 

You may know that you are not the biological parent of the child and wish to maintain a primary role of Father in the child’s life, however paternity should still be established as there may be genetic conditions that the child may be at risk of but unaware of. Having an accurate medical profile for the child can mean the right advice and treatment can be provided to ensure the child has the best chances of remaining healthy and safe. 

Alternatively, you may not wish to be a part of the child’s life due to your paternity doubts and if you are being pursued for child maintenance, it will be important to get clarification as this is a statutory liability which must be paid by the non-resident parent.  

There are several ways you could establish the paternity of a child such as:

• Voluntarily agree the Paternity. This would involve the father acknowledging his paternity by agreeing to be named on the child’s birth certificate or signing a Statutory Declaration of Acknowledgement by agreement. 
• Undertake DNA testing. This can be voluntary or Court ordered and will involve the collection of DNA samples from the child and father. There is a cost involved to obtain DNA testing so you would need to agree how the costs will be split or if you will pay for the DNA test yourself.
• Court application for a Declaration of Parentage. This is an application to the Court under Section 55A of the Family Law Act 1986, for a formal declaration of paternity. 

Each option will have its own process to follow. It is important to note that even if you are confirmed to be the biological parent of a child, you cannot be forced to be a part of that child’s life or agree to the childcare arrangements. You will however be liable to pay child maintenance for the benefit of the child. 

If you would like advice on any of the issues raised in this article, please contact Irrum Shah here, Solicitor in our Family Law Department on 01295 204154, or by email at ishah@se-solicitors.co.uk