Does a father have rights in the uk if he gets a positive DNA test but is not on birth certificate?
As far as Im aware his only right is to pay and will have to go to court proceeding at expense to get some is this true?
Answers:
My experience.
If you can prove that that you are the child's father - and it sounds like you can - you can apply to the Court for a Parental Resposibility Order. This means that you have to be consulted on any major aspect of the child's life - education, movement etc.
It is a Court process so there is cost. What you will find happens, however, is that once you apply she will go to a lawyer herself. If there are no big flaws in your character like criminal behaviour, history of abuse and so on, the lawyer will tell her she may as well agree to the order as the Judge will grant it anyway. Nobody will have to go to Court and expense will be kept to a minimum.
She will then sign her consent and you will have parental responsibility. This does not, however, give you automatic right to contact. If you are cool and your ex is being a pain then I'm afraid you've got a long fight on your hands.
The important thing to do is keep contact even if its denied. Send letters, cards, gifts and absolutely pay maintenance. The child will not always be a baby and at some point will want to see you. If you have kept the contact to the best of your ability then he/she will know you tried your hardest - just like a proper dad - and will love you all the more for it.
Good luck. I hope it works out.
you are damned right
fathers only get paternal rights if
1 they were married to the mother at birth time
2 they adopt their own child
3 they fight for them in court
if you were not married to the mother when the child was born you have no paternal rights at all
i do know that a father has more rights if he was married to the mother than fathers un-married. thats all i'm aware of, sorry.
he can if the mother agrees to a parental agreement & shared parental responsibility. Or if he has played a significant part in the child's life, a court may look favourably.
If you have a DNA test proving that you are the father, whether you are on the birth certificate or not DNA cannot be denied. You are that child's father and you have every right to see that child, support it, and be a part of its life. You can also go for custody providing all your details are in order
Unmarried Fathers' Legal Rights
An unmarried father has few legal rights with regard to his children unless he has a legally binding Parental Responsibility Agreement or a Parental Responsibility Order. He does have the right to make applications for contact etc. through the court.
"Married or not, you do not have any rights to your child, you have responsibilities. Your child has the right to grow up with the love and care of both parents. It is your responsibility to protect the rights of your child".
An unmarried father who jointly signs the birth register with the mother from 1st December 2003 now has Parental Responsibility. This does not apply to children born before the legislation was passed, although it is a common misconception.
An unmarried father without Parental Responsibility has no right to act on the child's behalf (except in emergency) or to be consulted over which school the child attends, which religion, if any, (s)he is brought up in, what medical treatment (s)he receives, what name (s)he is known by, or whether (s)he is put up for adoption. An unmarried father cannot get a passport for the child or access official documents or school/medical records. He remains liable to pay the Child Support Agency on demand and may have money deducted from his wages.
We advise all unmarried fathers to seek a Parental Responsibility Agreement with the mother and to apply for a Parental Responsibility Order if she is unwilling to agree.
Read the FNF Response to the Government's Consultation Paper on Paternity and Parental Responsibility for Unmarried Fathers (April 1998).
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