Declaration of Parentage
Declaration of Parentage Solicitors
Expert Legal Support for Paternity Disputes and Birth Certificate Amendments
A Declaration of Parentage is a formal court order confirming whether a named person is (or is not) the legal or biological parent of a child. These declarations are often sought in cases involving paternity disputes, child arrangements, inheritance issues, or birth certificate corrections. In many cases, DNA testing plays a key role in the court’s decision.
At Kayson Solicitors, our experienced family law team provides clear guidance and expert representation throughout the Declaration of Parentage process. Whether you are seeking to establish parentage, challenge an incorrect presumption, or amend a birth certificate, we can help you take the right legal steps with confidence.
What is a Declaration of Parentage?
Under Section 55A of the Family Law Act 1986, the Family Court can issue a Declaration confirming that a named individual is or is not the parent of a child.
Declarations may be required in a variety of situations, including:
- Disputes over paternity in child arrangement or maintenance cases
- Errors or disputes regarding birth certificates (e.g. adding or removing a father’s name)
- Complications arising from fertility treatment and HFEA consent forms
- Establishing parentage after the death of a parent
Once a Declaration is granted, the General Register Office will automatically update the birth certificate; there’s no extra action needed from you.
Does a Declaration Grant Parental Responsibility?
A Declaration of Parentage confirms legal parentage but does not automatically give Parental Responsibility. If Parental Responsibility is also sought, a separate application (such as a Parental Responsibility Order) may be required.
Relationship with the Child Maintenance Service (CMS)
The Child Maintenance Service has its own procedures to determine paternity for maintenance purposes. However, if you disagree with their findings, you have the right to apply to the Family Court for a Declaration of Parentage. A court declaration overrides CMS decisions.
The Application Process
1. Application (Form C63)
To begin, you must file a C63 application with the Family Court. Our team can prepare and submit this for you, ensuring all legal requirements are met.
2. DNA Testing
If paternity is disputed, the court will usually direct DNA testing. Testing must be carried out by a Ministry of Justice–accredited laboratory for the results to be admissible.
3. Court Proceedings
If all parties cooperate with testing, the process is usually straightforward. If testing is refused or evidence is contested, the matter will proceed to a hearing where the court will decide based on available evidence. In some cases, costs may be awarded against an uncooperative party.
4. Outcome and Birth Certificate Update
Once a Declaration is made, the General Register Office will re-register the birth to reflect the decision.
Special Circumstances: Deceased Parent
If the parent whose status is in question has passed away, the court may rely on DNA from close blood relatives or, in some cases, stored DNA samples (e.g. hospital records). Once paternity is confirmed, the birth certificate can be amended to include the deceased parent’s name.
Timescales
The duration is typically 6–12 months, depending on the complexity of the case and court
availability.
Why Choose Kayson Solicitors?
- Specialist Family Lawyers: Experienced in complex parentage and paternity cases.
- Clear, Strategic Advice: We explain every step and protect your legal position.
- Tailored Support: Whether you’re confirming parentage, challenging a finding, or dealing with sensitive family issues.
Speak to Our Family Law Team
If you’re unsure whether to apply for a Declaration of Parentage or need help navigating a paternity dispute, our solicitors are here to help.
Call us to book a confidential consultation to discuss your situation with our experienced family law team.
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*We do not offer legal aid.