[Solved] Ex hasn't put father on birth certificate - next steps?

I'm pretty sure the court can order that the mother gets a DNA test done, but hopefully others will advice more accurately.

Hi,

I was similarly not on the birth certificate when my daughter was born but my situation was slightly different as there was no doubts about my paternity.

The DNA query to me is a very grey area and if the mother refuses a test i am unsure how you would get round this. From what i know is if dads refuse to get DNA tests taken when it comes to child maintenance they will take the money regardless after a certain amount of trying. I know that is a totally different situation from what your asking however if the mother persistently refuses they may grant you a contact order and PR anyway, but that is at a guess and probably unlikely. What is more likely maybe you can take it to a higher court if she still refuses, it will cost a lot of money and so much time and heart ache but it may be your only option, but even then i cant see a court forcing a mother to do what they dont want to do, trust me, ive been doing this for 4 years now.

And yes, without a doubt you can be put on the birth certificate and granted PR without the mothers consent, i got it. I have a criminal record that reads like an argos xmas receipt, the mother had restraining orders against me at the time and i have even been charged with violence in the past and they still granted it to me. Courts care about the now not the past, courts are really good like that. However if there is a question mark over the paternity it may be a bit more tricky.

I hope that helps

Good Luck

Yes, the court can order the mother to allow a DNA test if she refuses or contests the application for PR

Thanks for the replies guys! this is encouraging

Here's some more info that I've copied and pasted -

In order to establish paternity of the child you would need to take a DNA test. There are two routes to doing this:
1) If the mother was to consent you could visit your GP and request a DNA test to be completed
2) If the mother was not to consent you would need to apply to the Courts for a Declaration of Parentage. This would be asking the courts to order a DNA test be undertaken. To apply for a Declaration of Parentage you would need to complete a form C63 which can be obtained from www.justice.gov.uk . There is a fee for this application which you will need to check with the Courts.
If it is established that you are the father of the child then you can address the following:

Parental Responsibility

Parental Responsibility is defined in s.3(1) Children Act 1989 as being: "all the rights, duties, powers, responsibilities and authority which by law a parent of a child has in relation to the child and his property".
Practically Parental Responsibility means that both parties should consult and consent on issues such as schooling, medical issues, change of name, removal from the jurisdiction and other major issues concerning the child.
If you are the biological father of the child we would strongly recommend that you obtain Parental Responsibility for your child.
You can obtain this through the following routes:
1) If you have gone through the Courts for a Declaration of Parentage you can request the court order your name be added to the birth certificate
2) If the mother agrees you can both re-register the birth certificate or, complete a form for a Parental Responsibility Agreement from www.justice.gov.uk entitled PRA1
3) If the mother does not agree you can apply for a Parental Responsibility Order on a form called a C1 from www.justice.gov.uk .
Before making an application to the Court you will need to undertake mediation with the mother. This is a process involving you, the mother and a trained professional third party mediator coming together to try and resolve the issue without the need to go to court. Under new legislation mediation is mandatory and you will need to attempt this before going to court. For more information on mediation and for help organising this you can contact National Family Mediation via their website

www.nfm.org.uk

Contact

In order to establish contact, the first steps we would advise that you take would be mediation as detailed above. However if mediation does not prove successful then you can apply to the Courts for a Child Arrangements Order. This is a legally binding order that would set out the arrangements in relation to the child in terms of contact including the frequency and the type of contact.
To apply for this Order you would need to complete a form entitled a C100. There are also guidance leaflets entitled CB1 and CB3. These can all be downloaded from www.justice.gov.uk . There is a fee for this application of approximately £215.
In deciding whether or not to grant such an order the court will base their decision on what they feel is in the best interests of your son’s welfare, in order to do this they will go through the welfare checklist:
• Childs physical, emotional and educational needs.
• Effect of any change on the child.
• The age, [censored] and background of the child.
• Any harm which the child has suffered or may suffer.
• How capable each parent is of meeting the Childs needs

Hope this helps.