Declaration of Parentage

Part of: How to apply for Parental Responsibility

A declaration of parentage is a court order that says whether a named person is, or was, someone’s legal parent. Anyone can ask the family court or the High Court for one. However, unless you are the parent, the child or the child’s other parent in question, you must first show a sufficient personal interest in the answer (Family Law Act 1986, s.55A). This page covers England and Wales only, and our parental responsibility specialists assist and advise at each stage.

Reviewed by: Hannah Overton, Complex Children Specialist & Client Support, Kabir Family Law

What is a declaration of parentage?

Put simply, a declaration of parentage is the court’s final answer to one question: is this person the parent? It can confirm that someone is a parent. Equally, it can confirm that someone is not. The person whose parentage is in doubt may be a child or an adult, and the parent may have died.

Because the order binds everyone, it helps whenever a family or an official body needs certainty, for example about child maintenance or a birth record. After the order, a court officer sends a copy to the Registrar General within 21 days. If the birth should then be registered again, the Registrar General must allow it (Births and Deaths Registration Act 1953, s.14A).

Is a declaration of parentage right for your situation?

You may recognise one of these moments:

• You are not on your child’s birth certificate, and the mother says you are not the father.
• You are a mother, and you want the court to confirm who the father is so that child maintenance can go ahead.
• You have doubts that you are the father of a child you were told is yours.
• You are an adult, and you want to confirm that a man who has died was your father.
• Your family needs one clear answer before a child arrangements case can move on.

Sometimes a court order is not needed at all. For instance, if both parents agree, our guide on whether a father can put himself on the birth certificate explains the simpler route. If a man is wrongly named, see our guide to removing a name from a birth certificate.

Paternity rights (UK): what does the order give you, and what does it not?

Paternity law, UK-wide, is not one system. The declaration on this page comes from section 55A, which applies in England and Wales only. Here, the order answers one question: who the parent is. So it does not decide where a child lives, who they see, or who makes decisions for them.

• Parental responsibility. An unmarried father gets it by being registered as the father under the birth registration rules listed in the Act, by agreement with the mother, or by court order (Children Act 1989, s.4). A new registration after the order is not on that list.
• Time with your child. Contact and living arrangements need their own application. Fathers can read our guide to child custody for fathers.
• Child maintenance. If an alleged parent denies parentage in a maintenance case, the person with care or the Secretary of State can apply for the order (Child Support Act 1991, s.27).

How do courts decide paternity? UK rules on evidence and court-ordered DNA tests

In this kind of case, the court looks at all the evidence, which can include DNA test results. A judge can direct scientific tests without being asked, or when one of the people in the case asks. Only a body accredited for this work can carry out those tests. For more detail, read our guide to paternity testing for custody.

What if someone will not give a sample after the court directs a test? In that case, the court may draw whatever conclusions seem proper from that failure (Family Law Reform Act 1969, s.23). As a result, a refusal can count against the person who refuses. The judge then decides whether the evidence proves the point.

How do you apply for a declaration of parentage?

1. Check you can apply. One of the people named needs a link to England and Wales, such as living here for the past year (s.55A(2)). You also need a personal interest, unless the question is whether you are the parent, whether they are your parent, or whether they are the other parent of your child.
2. Fill in form C63. Download form C63 from GOV.UK. Then add a copy of the birth certificate of the person whose parentage is in question, unless the court says otherwise.
3. Pay the fee. The court fee is £426. If money is tight, check whether you can get Help with Fees.
4. The other people involved. The respondents are usually anyone who is, or is said to be, the parent, and the person whose parentage is in question if they are an adult (Family Procedure Rules, rule 8.20). They may agree, or they may dispute your case.
5. The judge sets the plan. The court decides what evidence it needs. This can include a direction for DNA tests by an accredited body, with samples taken within a set time.
6. The court decides. If the evidence proves the point, the judge makes the order. Finally, the court tells the Registrar General (s.55A(7)).

Declaration of parentage checklist: are you ready to apply?

Before you start, gather what you can. This list helps you get organised, but it is not advice on your own facts.

• Names and dates. Full names and dates of birth for everyone involved.
• Birth certificate. A copy, if someone registered the birth.
• Your link to England and Wales. Proof of where you or the other person lives.
• Test results. Any DNA result you already hold, and who did the test.
• The dispute. Messages that show the relationship, or the disagreement about it.
• Your reason. A short note on why you need the answer now.

The calls a checklist cannot make for you

A list gets you organised, but it cannot weigh your facts. For example, whether you have a sufficient personal interest, whether the case is in the child’s best interests, and how the order fits with contact are all judgement calls. So bring this list to a free initial consultation, where one of our specialists gives you initial advice on those points.

How do our declaration of parentage specialists assist and advise?

First, our specialists explain whether you can apply and whether this order is the right tool. Next, they talk you through the evidence the court will want, including how DNA testing works. They also help you prepare for each hearing. Finally, they explain how the order links to parental responsibility, contact and child maintenance.

What can go wrong, and how can you avoid it?

• No personal interest. The court must refuse to hear some people who cannot show one (s.55A(3)). So check where you stand before you pay the fee.
• The child’s welfare. The court may refuse to hear a case if that would not be in the child’s best interests (s.55A(5)).
• A bar on trying again. After a refusal, the court can stop you from applying for the same order again without its permission (s.55A(6)).
• Home test kits. Only an accredited body can carry out a test the court directs. For that reason, ask before you rely on a home result.
• Expecting too much. The order confirms who the parent is. After that, contact or parental responsibility may still need a separate application.

What does the free initial consultation cover?

A free initial consultation is a conversation with a specialist, who gives you initial advice tailored to your circumstances. It does not include drafting or reviewing documents. Have the names, dates and any test results to hand, so the time can focus on your questions.

Frequently asked questions about a declaration of parentage

How much does it cost to get a declaration of parentage?

The court fee to file the application is £426, according to the GOV.UK fees list. Help with Fees may cover some or all of it if your income and savings are low. DNA testing is not part of the court fee.

How long does a declaration of parentage take?

There is no fixed timescale. An agreed case with quick DNA results can move faster. By contrast, a disputed case with several hearings takes longer. Court workloads also vary, so ask a specialist for a realistic view of your own case.

Can the court make a declaration of parentage without an application?

No. The court can only make this kind of declaration on an application under the Family Law Act 1986, using form C63 (section 58(4)). However, the question of who a parent is can still come up inside other family cases, such as a child arrangements case. There, the court can decide the point for that case and direct DNA tests under section 20 of the Family Law Reform Act 1969.

Can you give me an example of parentage?

Parentage simply means who a person’s legal parents are. For example, a man who is not on a child’s birth certificate may ask the court to confirm he is the father after a DNA test. Another example is an adult who asks the court to confirm that a man who has died was their father.

Will the birth certificate change after the order?

It can. After the order, the court tells the Registrar General. If it then appears that the birth should be registered again, the Registrar General must allow that, under section 14A of the Births and Deaths Registration Act 1953. The new entry then follows the court’s answer.

Unsure who is legally a parent? Get advice before you file form C63

Advice before you file tells you whether the court is likely to hear your case, before you pay the £426 fee. Book a free initial consultation, where one of our specialists gives you initial advice tailored to your circumstances, or call 0330 094 5880. You can also return to our guide on how to apply for parental responsibility.

General information about the law in England and Wales, not advice on your circumstances.

Expert Tip

We are often asked whether a home DNA kit is enough to settle things. It may not be, because when the court directs a test, only an accredited body can carry it out. So before you apply, keep a note of what everyone has said about testing. Then, if the court directs a test and someone fails to take part, the judge can draw proper conclusions from that.

Garry Steedman, Family Law Consultant (Divorce, Children & TOLATA)