Declaration of Parentage

A Declaration of Parentage by the English Court declares whether a named individual is the legal or biological parent of another person under English law.

What is the significance of a Declaration of Parentage?

An application for a Declaration of Parentage is one of only a limited number of ways to resolve issues about biological and legal parentage, parenthood and birth registration under English law.

Legal parenthood is important because it creates legal relationships between a parent and a child under English law and between wider family members (e.g. grandparents, siblings, aunts, uncles and cousins). You can read more about legal parentage and parenthood here.

Clarity and understanding about biological connections between a parent and child can inform personal identity, traits and characteristics as well as medical and genetic history and family relationships.

An accurate birth record, in the form of a British birth certificate, is also a matter of public interest in ensuring accurate public records.

When might I need a Declaration of Parentage?

A Declaration of Parentage by the English Court declares whether a named individual is the legal or biological parent of another person under English law. It can also trigger the re-registration of a British birth certificate. It can be used in a range of situations, including:

• Issue or dispute about biological and legal parentage following a direct-to-consumer DNA test (e.g. following an at-home DNA test through AncestryDNA, 23andMe, MyHeritage).
• To resolve biological and legal parenthood or rectify a birth certificate where a parent is deceased.
• To re-register a birth certificate following adoption to record a birth parent.
• To rectify or resolve a dispute about an individual or child’s birth certificate (e.g. whether a birth certificate should be re-registered to add or remove a person’s details).
• Dispute about a child’s biological or legal father or second legal parent (this can raise complex legal and evidential issues about conception arrangements, personal relationships, DNA testing law, status and consent in modern family cases).
• Problems with completion of patient HFEA consent forms at UK fertility clinics (e.g. missing or errors), calling into question the legal parentage of a non birth parent for their child.
• Dispute about paternity/legal parentage and financial provision for a child.

What sort of issues are associated with an application for a Declaration of Parentage?

Applications for a Declaration of Parentage can involve complex legal issues concerning fertility and family law in the UK and international law (e.g. where parties are resident abroad). They can also encompass a range of associated legal and emotional issues and fill gaps relating to:

• Personal identity, ancestry and legacy (e.g. establish the truth and fill in gaps about an absent parent).
• Genetic and legal relatives and family trees.
• Medical history and genetic origins.
• Acquisition of citizenship and nationality (e.g. to support EU citizenship applications or other foreign nationality).
• Acquisition and exercise of parental responsibility for a child.
• Financial and inheritance rights.
• Contact, care and upbringing of a child.
• Re-registration of a British birth certificate to add or remove an individual’s name.

Applications for a Declaration of Parentage can lead to unexpected discoveries about conception, maternity and paternity and unknown siblings and genetic relatives. They can produce information that challenges established family history and introduces new narratives associated with fertility treatment, egg and sperm donation, adoption, unplanned pregnancy, secret love affairs, failed relationships and loss. In some instances, they can also uncover fertility fraud or even gamete and embryo mix-ups at fertility clinics.

An application for a Declaration of Parentage can therefore have significant and wide-ranging legal, practical, financial and emotional implications for individuals, parents, children and families that can require careful management and expert legal navigation of English family law, international legal aspects and assisted reproduction law.

What is the legal process for a Declaration of Parentage?

An application for a Declaration of Parentage in the English Family Court is made using a C63 Court Form. It is a bespoke application made under section 55A of the Family Law Act 1986. Each case will be determined on a fact specific basis by the Court, making it important to prepare an application for a Declaration of Parentage carefully with supporting evidence. Depending upon the individual circumstances of the case, applications for a Declaration of Parentage can be complex and robustly contested.

An application for a Declaration of Parentage can be made at any point in life (involving both minor and adult children), provided their is sufficient personal interest and connection to England and Wales, and appropriate legal and evidential basis for the application.

The English Family Court will carefully consider all relevant circumstances and will only make a direction for secure chain of custody DNA testing or a Declaration of Parentage (or other family order) if it is appropriate in the overall circumstances of the case. Whilst the English Family Court cannot compel a party to undergo a DNA test, it can then draw inferences if a party refuses to comply with a direction for DNA testing in determining the case.

The court process can take 6 –12 months (although actual timescales vary depending upon the complexity of the case and court availability).

If you require legal advice, assistance or representation in relation to making or defending an application for a Declaration of Parentage contact us by telephone or email. Please also see our published Judgments and publications below in relation to a Declaration of Parentage.

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