Q&As

A man believed he was the father of a child, and was included on the child's birth certificate (prior to December 2003). The child is now age 18, and the man has discovered via DNA testing that he is not the child’s biological father. Can he be removed from the child's birth certificate without the child's consent? Does he have parental responsibility for the child, bearing in mind that the child is age 18? Will the child be able to make any claims on the man’s estate?

read titleRead full title
Produced in partnership with Katherine Illsley of 4 King’s Bench Walk
Published on LexisPSL on 20/09/2018

The following Family Q&A produced in partnership with Katherine Illsley of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • A man believed he was the father of a child, and was included on the child's birth certificate (prior to December 2003). The child is now age 18, and the man has discovered via DNA testing that he is not the child’s biological father. Can he be removed from the child's birth certificate without the child's consent? Does he have parental responsibility for the child, bearing in mind that the child is age 18? Will the child be able to make any claims on the man’s estate?
  • Application to amend the birth certificate
  • Will the named man continue to have parental responsibility?
  • Will the ‘child’ be able to make any claim against the named man’s estate in the event of his death?

A man believed he was the father of a child, and was included on the child's birth certificate (prior to December 2003). The child is now age 18, and the man has discovered via DNA testing that he is not the child’s biological father. Can he be removed from the child's birth certificate without the child's consent? Does he have parental responsibility for the child, bearing in mind that the child is age 18? Will the child be able to make any claims on the man’s estate?

In this Q&A it has been assumed that the parties were not married and there was no order or agreement as to parental responsibility.

The Q&A considers three points:

  1. whether it is possible to change the birth certificate of someone who is over the age of 18 so as to remove the name of someone who was named as the father, but who has discovered he is not the biological father

  2. whether the man incorrectly named as the father (the named man) has parental responsibility for the child who is over the age of 18

  3. whether the child can make any claims on the named man’s estate

Application to amend the birth certificate

A person named on a birth certificate as the father can apply to change the birth certificate if a DNA test proves, or a court order says, that

Related documents:

Popular documents