Have you ever wondered what you would do if you were told that you are not related to a child you thought was your own? How do you prove/disprove paternity in legal terms? What are the rules around this? What steps do you have to take to protect your position?
Paternity disputes – Recent case
The Court has recently considered a case where the ‘father’ of teenage children suspected he was not the biological father and tried to prove this with an off-the-shelf DNA test.
The off-the-shelf test showed that he may not be the biological father but evidence from the mother showed that they had engaged in sexual intercourse at around the time each child would have been conceived.
The father asked the Court to make a declaration of non-paternity and this was opposed by the mother.
The Court said it could not rely on the off-the-shelf DNA test as there were manifest problems with the evidence before the Court to rely on in the absence of forensics.
The Court went on to direct DNA samples from all parties be provided for testing.
What to do if you suspect you are not your child’s biological father
If you have doubts over paternity and suspect that you are or are not the biological father of a child, then it is important to establish paternity as soon as possible. This can be done legally with assistance from your solicitor and the Court.
A declaration of non-paternity can be granted in certain circumstances – speak to your solicitor about this to find out how this is done.
How Nelsons can help
Melanie Bridgen is a Partner in our expert Family Law team.
If you need further advice concerning paternity disputes or any other children law related matters then please contact Melanie or another member of the team in Derby, Leicester or Nottingham on 0800 024 1976 or via our online enquiry form.