3. Apply to court for an order
Question & Answer
How do I prove who my child’s other parent is?If the person you think is your child’s biological father doesn’t agree that he is a parent, you can apply to the court for an order that he is a parent. This is sometimes called a declaration of parentage.
The law says a person is likely to be a child’s parent if the child was conceived by sexual intercourse, not by a sperm donor, and one of the following is true:
- they lived with the birth parent before and when the child was born
- they certified they were a parent by voluntarily signing the birth registration
- they were to the birth parent when the child was born
- they were married to the birth parent within 300 days of when the child was born, but the marriage ended by death, , or
You have to tell the judge why you think the other person is the biological father of your child. He can also give evidence about why he shouldn’t be declared a parent.
The judge usually gives him a chance to take a paternity test first. If he doesn’t agree, the judge may assume that he is a parent, especially if he doesn’t show proof that he isn’t the child’s parent.
The judge will look at all of the evidence and decide whether to make an order declaring parentage. If the person you think is your child’s biological father is declared to be your child’s parent, you will get a .
You can then list him as a parent when you register your child’s birth. Or, if you want to change the information in your child’s birth registration, you need to contact the Office of the Registrar General.
