The Declaration of Parentage

A Declaration of Parentage is a court order confirming who a child’s legal parent is.

It can be particularly useful to formalise and clarify matters in cases where the relationship between a child and their parent is uncertain or disputed. In this article, we will explore what a Declaration of Parentage is, including when it is used, its implications, and how it differs from being a legal parent and parental responsibility. We will also provide some guidance on obtaining the Declaration of Parentage, including associated costs.

Not every matter involving a Declaration of Parentage needs solicitors involved, especially in uncontested, straightforward cases. For parents struggling to prove their parenting status, our skilled and compassionate family team at Roxburgh Solicitors are on hand to help.

What is a Declaration of Parentage?

A Declaration of Parentage is a court-issued document that confirms that a named individual is or was the parent of another person. The declaration serves not only as a recognition of the legal parent-child relationship but can also be paramount for personal and identity reasons. At the same time, a Declaration of Non-Parentage can be made to confirm that someone is not the parent of a child.

When is a Declaration of Parentage Used?

Declarations of Parentage (or Declarations of Non-Parentage) are typically sought in the following situations:

• Disputed Parentage: When there is uncertainty or disagreement regarding who the child’s biological parent is.
• Unmarried Parents: In cases where parents are unmarried at the time of the child’s birth and the father’s name is not on the birth certificate.
• Birth Certificate Corrections: To remove the name of a parent currently registered on a birth certificate (for example an adoptive parent) and replace it with the biological parent.
• Inheritance Rights: To confirm a child’s entitlement to inheritance from a legal parent.
• Nationality Confirmation: To confirm a child’s birth parents for the purposes of obtaining citizenship / a passport.
• Child Maintenance: Declaration of Parentage can be used for parenting determinations by the Child Maintenance Service (CMS) when it comes to financial responsibility.

What is the Difference Between Being a Legal Parent, a Declaration of Parentage and Parental Responsibility?

Understanding the distinctions among these terms is important in family law.

Being a legal parent is a status that can be acquired through birth or legal processes like adoption. In this context, the Declaration of Parentage as mentioned above, is an affirmation that someone is the legal or biological parent of a child. Parental responsibility, on the other hand, is a separate legal concept that refers to the rights, duties, and responsibilities associated with being a parent. This includes responsibilities such as providing a home, safeguarding and promoting the child’s welfare, and making decisions about their education, health care, and upbringing. Essentially, it grants someone the authority to make important choices in a child’s life.

Legal parents usually have parental responsibility, but not all individuals with parental responsibility are necessarily legal parents. For example, step-parents or guardians may have parental responsibility, but may not be named as a legal parent (unless for example, they adopt the child). Being recognised as the child’s legal parent has implications on important laws like nationality, inheritance, and financial rights and responsibilities towards the child.

A birth mother will always be recognised as the child’s legal parent and will automatically be given parental responsibility from a child’s birth. The father will also automatically be given parental responsibility if he is married to the birth mother or listed on the birth certificate. The same applies for parents who jointly adopt a child.

Does a Declaration of Parentage Give Parental Responsibility?

While a Declaration of Parentage establishes a person’s status as a parent, it does not automatically grant parental responsibility. This is because, as mentioned above, while the Declaration of Parentage confirms a parent’s status, legal parents only automatically acquire parental responsibility in certain circumstances (i.e. being the birth mother, being married to the birth mother when the child is born, or jointly registering as parents on the birth certificate).
An unmarried father will either need to jointly register the birth with the mother (and be named on the birth certificate) to get parental responsibility automatically. Otherwise, he will need to enter into a parental responsibility agreement with the mother, or obtain an order for parental responsibility from Court.

Applying for a Declaration of Parentage in the UK

Applying for a Declaration of Parentage involves filing an application form, possibly undergoing DNA testing, and attending Court. There is no time limit for making the application, which means it can be granted both in respect of minor and adult children.

Here’s an overview of the steps involved:

• Application Form: Form C63 is the official application form used to seek a Declaration of Parentage. It cannot just be submitted by anyone – you will have to have a sufficient personal interest in making the application. The form itself will require you to provide your details, the details of the person whose parentage is in question, as well as information about the other parent and any other people or acknowledged parents involved. You will also need to provide a summary statement explaining why you are making the application, along with a copy of the birth certificate. It is important to provide sufficient detail to substantiate your application to maximise your chances of securing a declaration.
• DNA Testing: In some cases, especially where parentage is disputed, DNA testing may be required. If the court requires DNA testing, it will usually appoint an accredited laboratory to carry it out.
• Court Hearing: The court will consider the legal and evidential basis as well as the arguments put forward by both parties (if contested) in determining the application. If the Declaration of Parentage is granted, the General Registrar Office will be notified to amend the birth certificate accordingly.

How Much Does a Declaration of Parentage Cost and How Long Does it Take?

The current Form C63 fee can be found on Gov.uk, and those on low incomes or in receipt of benefit may qualify for exemptions. This is the cost of the application alone – there may be additional expenses if you instruct a lawyer to assist you or need to pay for a DNA test.

It can take anywhere from 6 to 12 months to obtain a Declaration of Parentage Order from the court. It will very much depend on whether the matter is contested (therefore adding to the complexity of the case), the court’s schedule, as well as the time it takes to organise and obtain DNA test results (if necessary). Straightforward, non-contested cases can be processed quicker.

How Can Tyrer Roxburgh Solicitors Help?

It is essential to carefully prepare an application for a Declaration of Parentage, ensuring that it includes thorough supporting evidence. This is especially the case if there are complex issues involved or if it is likely to be strongly contested by another party. With our expert legal knowledge and experience, we can help you prepare a thorough application and robustly represent your interests if disputed.

At the same time, not all parentage disputes necessarily have to go to court and we can support you with mediation or negotiation to establish your parenting status.

Summary

A Declaration of Parentage is a key legal tool in the UK that documents the relationship between parents and children, clarifying their status as a parent. This can be used to resolve paternity disputes, as well as for both legal and personal reasons, such as helping a child understand their identity or establish inheritance rights. While the declaration confirms legal parentage, it does not automatically confer parental responsibility; additional legal steps are necessary for that.

If you are considering applying for a Declaration of Parentage or need to contest an application made, get in touch with our experienced team at Tyrer Roxburgh Solicitors. You can contact us on 0208 899 3319 or via one of the options below for help and assistance.