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Original poster

DNA Test…. What are my rights…

111 replies

Hedgehog93 · 17/04/2023 20:36

So my ex partner kicked me out whilst I was four months pregnant. We were together 18 months had a gender reveal 4 days prior. His behaviour was abnormal and volatile. Never heard off him again. I blocked him and made it clear I want zero to do with him after he dumped all my stuff off without me even being allowed to pack my own stuff and like I said pregnant and sick at the time!
My son is now 15 weeks old. After much deliberation I applied for child maintenance. He’s obviously not on the birth certificate and we weren’t married. He instantly called them requesting a DNA test and as predicted went self employed in Feb and apparently hasn’t earnt a penny since. Even the guy at CSA said “this one’s a charmer!”
I told him to keep his dirty money and shove it as I’m not having my son swabbed and I do not want him to then have a DNA test to then possibly take me to court to go on the birth certificate as I don’t want him near my son and he has shown zero care or acted with any humanity. He kicked his son out as far as I’m concerned not just me. He is vile. So I will close the case with CSA as it’s just not worth the bother now he is self employed also. I don’t have the energy.
What I am now worrying is can he take me to court at a later date and can they force me to take a dna test? I’m hoping he won’t as he only cares about paying it seems. I do not want this man having any rights over my son and will do anything to avoid this. I also don’t have a spare 20k to battle him in court. Any advice much appreciated!!!

OP posts:
Snoopyandthemuppets · 17/04/2023 21:14

Nightynightnight · 17/04/2023 20:53

Your child has a right to have a father named on their birth certificate. Yes the court can demand a DNA test to establish a parental link.

No this is not a legal right.

A father can ask for a court order DNA test and if it refused the court can order the child to have one done.

it is not a ‘legal right of a child’ to have a father on the birth certificate.

if you know who might be the father you can be forced to give those names to the court, a man refusing to do a DNA can be named as a father.

But let’s say, you had a ONS or were raped - in those cases any child does not have the ‘legal right to a father on the birth certificate’ as they can not necessarily be named, located or DNA tested.

Your ex can apply at any point for a DNA test and to be named on the BC. That is their right.

They have to be named to pay CSA unless they agreed to consent to accept the child is theirs without a DNA test.

Original poster
Hedgehog93 · 17/04/2023 21:16

exactly that. He has shown zero interest in our baby and kicked both of us out. If he tries getting access it won’t be for the right reasons. He’s the tightest person I’ve ever met with money so I imagine and hoping he wouldn’t bother with court and will just leave it when I close the case.

OP posts:
Eas1lyd1stracted · 17/04/2023 21:24

The DNA test is standard in a CSA case and a standard attempt to wiggle out of paying.

If he's not on the birth certificate getting the DNA test via the CSA has no impact on him getting Parental Responsibility (PR)

He can apply to the court for PR and its very routine for the court to order a DNA test if there is any dispute. He can do that whether or not there is CSA. With such a young child it's quite likely that the court would order a DNA test if needed then report about PR

Eas1lyd1stracted · 17/04/2023 21:24

The DNA test is standard in a CSA case and a standard attempt to wiggle out of paying.

If he's not on the birth certificate getting the DNA test via the CSA has no impact on him getting Parental Responsibility (PR)

He can apply to the court for PR and its very routine for the court to order a DNA test if there is any dispute. He can do that whether or not there is CSA. With such a young child it's quite likely that the court would order a DNA test if needed then report about PR

Emerald95 · 17/04/2023 21:51

At any point until your son is 16, dad can open a court case to prove paternity. A judge would then compel a DNA test and his dad would be granted PR through a court order. This would then normally lead into a CAO to decide how and when Dad would see the child.
CAFCAS will interview you, your ex and your son (age dependant) and will make recommendations that a judge will often follow.
It has to be noted that CAFCAS and the court believes it is in the child's best interests to have a relationship with their father so he will be granted some level of contact with you son If he asked for it.
Even the worst human beings with the longest arrest records are routinely given some form of contact with their children even if it only 2hrs supervised a month.
I think closing the case was a smart idea, out of sight out of mind kind if mentality.
It seems you both want to move on with a clean break and part of that is you accepting the full financial load in exchange for full parenting rights of your child

SBHon · 17/04/2023 22:01

So often on MN the first thing people say when a pregnant woman leaves her abusive partner is “don’t put them on the birth certificate” and yet here we have people nearly demanding that you do put him on the birth certificate! So odd!

It’s true children deserve to know who their biological parents are. Does that mean OP needs to put him on the birth certificate though? I’m torn, I don’t think I know enough about it.

Original poster
Hedgehog93 · 17/04/2023 22:10

@SBHon exactly my thoughts as when I posted previously after the whole horrific ordeal 99% of the posts said “don’t put him on birth certificate but make sure you claim maintenance as he’s legally responsible for paying”. I hoped he wouldn’t ask for a dna test and just accept parentage and pay the maintenance. Silly me. I will do whatever I can to avoid him being in my sons life because I do not trust a man who can be abusive towards a pregnant woman but that’s just me. I will even move if I have to.

OP posts:
FloydPepper · 17/04/2023 22:34

A birth certificate should not be used as a weapon. He is the father, if he wants to go on it then he can get put on it after a dna test and a court will support that.

I agree with a pp who said both parents should be on. It should be a document tjats a statement of fact, not something that one parent can hold over the other.

SunshineGeorgie · 17/04/2023 22:43

He could self represent or use a m ensues friend in court

Doesn't have to cost him that way

Doubt he will by the sounds of it

vivainsomnia · 18/04/2023 11:59

The point us that he does have some rights, and apply to court to request a DNA and potentially some level of contact is one of them.

You can't prevent it so just like whether paying for a child he might not want anything to do with is something he can't control, you also can't control him applying for some contact however much you don't want it. You just have to hope he never does.

midnightblue12 · 18/04/2023 12:08

a mum trying to protect her child by not including an absuive man on the birth certificate despite the fact that he walked out and wasn't present so couldn't be on it anyway.... yet who is getting grief.... her?
Well done for protecting your child OP! Somethings we have to make difficult and shitty decisions but it sounds like you're doing your best!

Viviennemary · 18/04/2023 12:17

I think legally speaking he can apply for parental rights such as visitation if he is the father. If you say he is the father then he can apply for parental rights without dna. That would be my understanding. Only if you deny he is the father or he denies it then a dna test would be required.

Mama1980 · 18/04/2023 12:30

Bottom line is yes he can apply for PR at any time he wants int he next twelve years (after that your child would have a say their wishes would be considered) the court would order a DNA test which legally would have to be carried out. He then could apply to the courts for visitation, his name to be put on the birth certificate etc.
You can drop the CSA claim if you wish and not do the DNA test now but there's nothing to stop him applying to the courts at any point.
I'm sorry I know that's not what you want to hear.

PollyPeptide · 18/04/2023 12:34

Snoopyandthemuppets · 17/04/2023 21:14

No this is not a legal right.

A father can ask for a court order DNA test and if it refused the court can order the child to have one done.

it is not a ‘legal right of a child’ to have a father on the birth certificate.

if you know who might be the father you can be forced to give those names to the court, a man refusing to do a DNA can be named as a father.

But let’s say, you had a ONS or were raped - in those cases any child does not have the ‘legal right to a father on the birth certificate’ as they can not necessarily be named, located or DNA tested.

Your ex can apply at any point for a DNA test and to be named on the BC. That is their right.

They have to be named to pay CSA unless they agreed to consent to accept the child is theirs without a DNA test.

Show quote history

I don't think Nightnightnight was talking about legal rights. I believe they meant the moral right. In that, no matter how awful a father, he's still the father and a child has a right (not legal right) to know that.

prh47bridge · 18/04/2023 13:09

If he goes to court for a declaration of parentage and you deny that he is the father, the court can order a DNA test. If you refuse to allow it, the court is likely to draw the obvious conclusion that he is the father. If you admit that he is the father, there will be no need for a DNA test.

Getting parental responsibility (NOT parental rights) does not necessarily mean he will be allowed any contact with your child.

Original poster
Hedgehog93 · 19/04/2023 00:23

@midnightblue12 THANK YOU. I think people are missing the point of what going on the birth certificate means and what control he can have with that. He lost all rights the moment he became abusive. Thank for your support xx

OP posts:
Can2022getanyworse · 19/04/2023 12:13

Hedgehog93 · 19/04/2023 00:23

@midnightblue12 THANK YOU. I think people are missing the point of what going on the birth certificate means and what control he can have with that. He lost all rights the moment he became abusive. Thank for your support xx

Unfortunately you are still missing the point.

He is the father, your CHILD has the right to have him recorded as such and unless there are documented reasons why he shouldn't have contact or parental responsibility then yes, he can apply to be on the birth certificate.

Ending his relationship with you during the pregnancy is NOT a reason he should be denied this.

Would you be comfortable sharing the reasons why you don't want him to be part of your child's life? (not your life, your child's)

Offthexmaslist · 19/04/2023 12:43

I really don't think people are missing the point. This is Legal not AIBU and the moral ins and outs about your child's parentage /potential contact is fairly irrelevant. There are just some basic procedural facts that often get conflagrated when they are very separate issues.

Being named on a birth certificate gives parental responsibility for the child. Equal responsibility with anyone else named on the certificate. (Unless PR has been removed by the courts)

Not being named when PR is wanted requires an application to the court for leave to apply. The court will ask on what basis. If it's parentage then you the mother will be asked if this is correct. If you deny parentage the court will order a DNA test. If you refuse- you will be in contempt of court . Not a place anyone needs to be ! Especially if you want the court to look upon you favourably.

Once the DNA confirms what you already know - he can apply for PR. It is extremely rare for a biological father to be refused. It is simply a fact. If he is a father then he should have parental responsibility. (Unless less proved otherwise by a court) .

Once he has PR an application for some form of contact is almost guaranteed. This can run from indirect (letters, phone calls ) , through supervised visits all the way to shared care and beyond. This is entirely dependent on the evidence produced by both parties, 3rd party reports (schools sw etc) and a judge's decision of what is in the child's (not the adults) best interests.

Maintenance is an entirely separate matter. Your child has a right to financial support from both parents. Non resident parents have an obligation to maintain their children to a minimum level set by government, taking into account their individual circumstances.

Child maintenance does not equal access. He can be assessed at the highest rate of maintenance CMS and be refused contact entirely by a court despite having jumped through the hoop to get PR.

Not naming a father on a BC is at best a stalling tactic for a determined man. It's fairly easy to navigate the hoops to get it and can be done himself costs £232 and can be reduced for a low income . However for a feckless, game player who isn't really interested in being a parent .. it's a convenient obstacle. They probably won't be arsed to climb over..

He is either going to go for PR or not. You might as well get your child the financial support they are due.

Original poster
Hedgehog93 · 19/04/2023 12:45

@Can2022getanyworse physically, mentally and financially abusive. I don’t need to go into details as that again - as YOU are missing the point wasn’t what my post was about. I believe he would be a danger to my son as he is extremely volatile and unstable. But again, I don’t need to go into this. I have my answer to my post from previous posters. My son will know who his dad is. Also when my ex abruptly threw me out of the property we shared whilst I was in bed unwell with the help of his family, causing me to nearly lose my son through stress and force fed eating never tried to contact me again, funnily enough he wasn’t at the fucking registering of the birth certificate appointment!

OP posts:
EllandRd · 19/04/2023 12:46

Hedgehog93 · 17/04/2023 20:36

So my ex partner kicked me out whilst I was four months pregnant. We were together 18 months had a gender reveal 4 days prior. His behaviour was abnormal and volatile. Never heard off him again. I blocked him and made it clear I want zero to do with him after he dumped all my stuff off without me even being allowed to pack my own stuff and like I said pregnant and sick at the time!
My son is now 15 weeks old. After much deliberation I applied for child maintenance. He’s obviously not on the birth certificate and we weren’t married. He instantly called them requesting a DNA test and as predicted went self employed in Feb and apparently hasn’t earnt a penny since. Even the guy at CSA said “this one’s a charmer!”
I told him to keep his dirty money and shove it as I’m not having my son swabbed and I do not want him to then have a DNA test to then possibly take me to court to go on the birth certificate as I don’t want him near my son and he has shown zero care or acted with any humanity. He kicked his son out as far as I’m concerned not just me. He is vile. So I will close the case with CSA as it’s just not worth the bother now he is self employed also. I don’t have the energy.
What I am now worrying is can he take me to court at a later date and can they force me to take a dna test? I’m hoping he won’t as he only cares about paying it seems. I do not want this man having any rights over my son and will do anything to avoid this. I also don’t have a spare 20k to battle him in court. Any advice much appreciated!!!

The money is for your baby, why back down and the first bit of trouble? And yes he can force a DNA test to see if he is the father.

EllandRd · 19/04/2023 12:53

Hedgehog93 · 17/04/2023 20:50

I know who the father is. I’m not concerned whether a swab is painful 😂 I’m saying I’m not having my baby subjected to that when he knows full well he is the father. My point is and my question is can a dna test be forced by a court later down the line so he can be added to the birth certificate = legal rights. I am not progressing with CSA because I am not doing a dna which could be potentially used in court to gain access!! I applied for CSA just hoping he would accept parentage. A dna test isn’t a compulsory part of the CSA purpose only if the dad is a dickhead and wants to delay payments and use it to gain control later. I have closed the CSA as I do not want to Risk him using said DNA test to apply to go on the birth certificate!!!

The baby is the only one that matters, baby has the right to know both parents and just because you have issues with your ex, should not stop baby having a relationship with the father. What you want is irrelevant, and yes he can force a DNA and apply to go on the Birth Certificate. He had responsibility's to the child and nothing you say will change that. Grow up

Skybluepinky · 19/04/2023 13:00

Of course he can take u to court whenever he wishes and yr child may well resent u when they r older when he tells them u wouldn’t let him have anything to do with them.
Dont use yr child as a weapon, just be is u are hurt bcos he kick u out, not his child.

AnotherEmma · 19/04/2023 13:05

Everything @Offthexmaslist said - especially this:
He is either going to go for PR or not. You might as well get your child the financial support they are due.

prh47bridge · 19/04/2023 13:28

The question in your OP was whether he could take you to court and force a DNA test. That has been answered. Yes, he could take you to court. If he did and you claimed he was not the father, a DNA test would be ordered. If you refused to allow your child to take the DNA test, the court would draw the obvious conclusion.

I get that you don't want him on the birth certificate, and you don't want him having parental responsibility. But you asked a legal question and you've had the legal answer. If he wants to be on the birth certificate and have PR, he will get it. I'm sorry that isn't the answer you want to hear, but it is the answer to your question.

Original poster
Hedgehog93 · 19/04/2023 14:04

@prh47bridge I know and that’s all I wanted - I thought that would be the case sadly. And thank you for answering that and that only. Luckily he’s not picked up the phone to me in 8 months so I’m pretty confident he won’t be spending £££ to try and get access to a son he couldn’t care less about. He’s 47 and this is his first child … I doubt he can be arsed and he certainly doesn’t like to pay x

OP posts: