Help needed paternity

[sunbeam78]

Hi I was hoping someone could help me, I've name changed for this as it's potentially outing.

My dad died last week and has left no will. I'm his only child and he had no partner, so I'm NoK. Problem is he's not on my birth certificate!

I'm aware that to go through probate and manage his financial affairs and house, I will need my birth certificate to prove I'm his daughter. From the research I've done I am required to complete a Declaration of Paternity C63 form to go to the courts. I will also need a DNA test completed.

I asked the medical examiner today about a DNA test and they referred me to the Care after death team as they said it's nothing to do with them. The Care After Death Team then referred me to the mortuary as they did not know the answer. The mortuary also did not know the the answer, and came back with two possible options as a guess.

Firstly, have a private DNA test done when dad is at the funeral home, or secondly have a DNA test done with dads sister to prove I'm related.

There is no question regarding my paternity and both sides of my family say I'm his daughter, so that's not in question. My aunt has said she'll take a DNA test to prove I'm her niece.

My question is:- Will a DNA test with my aunt be sufficient for the court to grant a Declaration of Paternity for a deceased parent?

I hope this all make sense. Many Thanks

You can have a test done at the mortuary. Push for this before he leaves the hospital care. This can be done and I’ve known it to be done. Before funeral home in case of embalming.

I don’t know how reliable the link to Aunt would be and would say it’s better to be confirmed as his daughter through his DNA.

The mortuary said that they could not do it, only the coroner could. But as he died in hospital the coroner was not involved. They actually said it would be easier if he had died at home as then they possibly could have done it.

Dads going to be cremated so that's my worry. It's such a headache!

The mortuary is right that they would need consent of the coroner to take a sample but only if the coroner is involved. If they aren’t, there is a process through the hospital but it may be complicated by the fact you cannot confirm you are his daughter and therefore in a “qualifying relationship” and its ultimately their discretion. Some info here: https://www.hta.gov.uk/guidance-professionals/guidance-sector/post-mortem/consent-post-mortem-examination-and-tissue) Speak to the hospital bereavement team to discuss it though.

Testing directly against your dad’s DNA is essentially considered determinative of paternity, testing against your aunt would be based on probability - you would expect to share about 25% DNA with your aunt. In a context where it is not contentious, where your relationship with your dad and his acceptance of you as his daughter could presumably be confirmed by your aunt or others in witness evidence, combined with that DNA evidence, I’d hope it would be more than enough for a court but they’ll weigh up the evidence they have.

Thank you this is really helpful

If your aunt takes a test and it shows she’s your aunt then that is good enough for paternity in courts. Just done very similar in family courts as father wouldn’t provide a sample.

That's great thanks for sharing.