Declaration of Parentage

A declaration of parentage states whether a named individual is, under English law, another individual’s parent. This can then be presented to the General Register Office, who have discretion about whether the father should be named on the birth certificate of the child.

There are certain presumptions which are made regarding paternity; however, these presumptions can be disproved on the balance of probabilities – a declaration of parentage is a key way of achieving this. 

Where there is a dispute concerning who a child’s father is, the Court can be asked to make a declaration of parentage. The Court can either issue a declaration of parentage or one of non-parentage. Their decision is legally binding.

Even though the true father’s name has been included on the birth certificate as a result of a Declaration of Parentage, this does not automatically grant parental responsibility to the father. He should enter into a Parental Responsibility Agreement with the other people who have parental responsibility. Alternatively, he can make a Parental Responsibility Order application to the court to grant him parental responsibility.

Summarily, a Declaration of Parentage could help improve relations between two parents who have separated. It is formal recognition of the fact that the child in question has two parents and they both have a role and responsibilities to promote the child’s welfare.

If you wish to book in for an initial consultation on the issues raised in this blog or any other divorce or separation issues, our family solicitors are based in both Wolverhampton and Cradley Heath and serve clients across the West Midlands. For all new enquiries, please call 01902 328 355 or complete our online enquiry form and a member of our team will respond.