Declaration of Parentage

[TinkerBellsFairyDust]

Posted in chat - then found this subject so it's a double posting (sorry)

My Sister cheated on her (then boyfriend now) husband. Shortly after the incident she found out she was pregnant and quite honestly the BF could be either one. Husband knows the situation and for 4 years has raised their DS as his own.

Recently the man who she cheated with has been approved for legal aid for "paternity and declaration of parentage". So far my Sister has spoken to his solicitor and said that as far as she is aware her husband is her childs father and submitted BC, MC and I think proof of their relationship going back to before the ONS.

I have suggested them doing a DNA test privately as it could put a stop to this whole thing but they are both refusing and 100% will not budge on this. I have also told her to get legal advice but she hasn't. I honestly think she is burying her head in the sand.

From my sisters point of view, she doesn't want this man involved with her child, she doesn't think that any court would order a DNA test when she is married and her husband's name is on the BC, if a court did order a DNA she doesn't think that it could be forced that she remove her husbands name from the BC, and doesn't think any court would split PR three ways?

As you can see from the above paragraph her mentality at the moment is pretty much denial and I don't think it is doing anyone any good not having a least a few solid facts about what might happen going forward.

Can anyone give me some information or help? I know there will be a lot of get a solicitor/legal advice and trust me I'm keeping on at her with that but in the meantime any advice would be great.

Thanks in advance.

[MariaJenny]

Read up about David Blunkett. He changed the law on this. It also then benefited him. He had an affair with a woman who was married and a baby as born within the marriage. However he was sure he was the father. The change in law he had effected then enabled him to force the paternity test, prove he was the father and he got contact.

[TinkerBellsFairyDust]

Thanks, I will have a read up. So basically the fact that this guy has been approved legal aid means they have sufficient doubt to explore his claims (that he could be nephews biological father) and a court could in fact order a DNA test?

Would my BIL remain on the BC even if it was proved this other guy was the BF? I don't think either Sis or BIL would want to change it unless they absolutely had to.

[PatriciaHolm]

There are two steps that can be taken if it is proved by a court approved DNA test that the father is incorrect.

Firstly, the BC can be "corrected"; A note can be attached to the BC stating that the father's entry is incorrect, although all the information will still be provided on any copy, just with a note that it is incorrect.

Secondly, the birth can be re-registered, with the natural father's details replacing the original ones. If a court makes a Declaration of Parentage, then this happens automatically I think. She needs to be aware that this could happen.

[TinkerBellsFairyDust]

Is it likely that a court would order a DNA? The child is 4 and to the world they have a stable family unit.

At all costs my Sister and BIL are wanting to avoid a DNA which I'm personally not sure they can.

[MooseBeTimeForSpring]

I'd say the DNA test is unavoidable, especially as the Court will order it.

If boyfriend is the father then this raises the issue of your sis falsifying an official document. Technically, PR wouldn't be split 3 ways as BIL wouldn't have it.

[MooseBeTimeForSpring]

The purpose of the court application is to determine whether or not the boyfriend is the father. If he isn't then the proceefings will end. If he is then there will be a declaration of parentage, amendment to the BC, Parental Responsibility and the issue of contact to be looked at.

Why has it taken him 4 years to do something about it though?

[PatriciaHolm]

Generally speaking, courts prefer that children know their genetic heritage, even if one parent (realistically almost always the mother) would rather they didn't.

Her being married to the person she claims is the father is irrelevant; the only proof one way or the other will be a DNA test. So if he has some sort of credible evidence that he could be the father, then the court is very likely to order a test. Given he's got legal aid, then he must have provided enough evidence to persuade the granting of that aid, so she needs to start being realistic about this.

Does she have any idea why he has appeared now? I'm guessing she didn't tell him about the pregnancy...

[TinkerBellsFairyDust]

I'm really not sure. It's a question we have all wondered. He has known about nephew since long before he was born so it isn't a case of him just finding out.

Thanks for your advice. I think I'm going to have to sit my Sister down and explain to her that there isn't any point in thinking they can't do this or that because she actually doesn't know and for the sake of her marriage, son and to be honest this guy as well she needs to start facing it head on because it's not going away.

[wonderpants]

Apologies for the lack of legal know how, but would it make sense for your sister and BIL to have a private DNA test, so at least they know themselves before being forced through court!

[fledtoscotland]

This depends on where you live. In scotland, the marriage & name on birth cert gives your BIL PR&R. If this other man is found to be biological father he will also have PR&R but it will not be taken away from your BIL. Matrimonial law gives parental responsibility.

[MariaJenny]

www.theguardian.com/politics/2004/dec/05/labour.immigrationpolicy1

[TinkerBellsFairyDust]

fledtoscotland

Yes that was what I had read that made me think it may then be a case of PR&R being split three ways. How in the world would that ever work though?

[fledtoscotland]

Tinker - they all have to act like adults and focus on the child. Sorry if that's not what you wanted to hear. Marriage law in Scotland is based on feudal law and trying to prevent children being considered illegitimate when born in marriage even if the father was not the husband.

[fledtoscotland]

I take you live in Scotland

[fledtoscotland]

Dyslexic finger

I take it YOUR BIL lives in Scotland