What happens when someone denies they are the parent of a child?
A person named as the parent of a child may deny that they are, in fact, the parent. If this happens, we have to look into the case to find ways to show whether the person is or is not the parent, so that we can set up the correct child maintenance arrangements.
Cases where a person named as the parent of a child denies that they are the parent are known as 'disputed parentage'.
When can a person deny they are the parent of a child?
The person named as the parent of a child may deny they are the parent either:
- before we work out child maintenance
- after we work out child maintenance.
What happens if parentage is disputed before we work out child maintenance?
We always ask the person named as the parent of a child if they accept that they are the parent of a named child before we work out maintenance.
The person named as the parent of a child may deny they are the parent before we work out the maintenance. If this happens, we will look into the reasons in detail and ask the person to provide evidence to support their denial. We will not ask the person named as the parent of the child to pay child maintenance until we have sorted out the dispute.
What happens when someone denies they are the parent of a child?
We will also tell the parent with care that the other person has denied that they are the parent, and ask the parent with care to provide evidence to support their claim.
We will use the evidence provided by both people to reach a decision on whether the person named is the parent of the child. We will then try to sort out the dispute so that we can set up the correct child maintenance payment arrangements.
What happens if parentage is disputed after we work out child maintenance?
If someone denies that they are the parent after we have worked out child maintenance, they must provide evidence that they are not the child's parent.
We will only accept 'conclusive' evidence. This evidence could be DNA test results or a court declaration that the person is not the child's parent. This is called a 'declaration of non-parentage'.
Once we have made a calculation, the person named as the parent of the child will have to pay child maintenance until they provide proof that they are not the actual parent.
Dispute process
How does the SMS sort out disputes about parentage?
We have three ways of sorting out disputes about parentage:
- presumed parentage
- DNA testing
- referring the dispute to a court to make a decision.
What is presumed parentage?
If there is a particular reason to believe that the person named as the parent of a child is, in fact, the parent of the we are entitled, by law, to presume they are the parent.
This allows us to work out how much child maintenance should be paid and to send a letter to the person named as the child's parent that tells them they must pay that amount. This arrangement will continue until the person named can produce evidence to show that they are not, in fact, the child's parent.
When can the SMS presume parentage?
We can presume that a person named as the parent of a child is the father if they:
- were married to the child's mother at any time between the conception and the birth of the child (if the child has not since been adopted)
- are named as the father of a child on the child's birth certificate and the child has not been adopted since the birth certificate was completed.
We can presume that the person named as the parent of a child is the parent if they:
- refuse to take a DNA test
- have taken a DNA test that shows they are the parent
- have adopted the child
- are named in a court order as the parent of a child where the child was born to a surrogate mother (a woman who has carried the child for another person)
- are a person who, by law, is said to be the parent of a child born as a result of fertility treatment (under Section 27 or 28 of the Human Fertilisation and Embryology Act 1990)
- have been declared to be a parent of a child in a 'declaration of parentage' made by a court, and the child has not since been adopted (in Scotland this is called a 'declarator of parentage')
- have been found or judged to be the parent by a court, even if parentage was not the central issue of the case.
If I am named as the parent of a child, can I appeal to the SMS against presumed parentage?
Technically, no. The person named as the parent of a child can only appeal against a decision about how we work out child maintenance. They can do this on the grounds that they are not the parent of the child, but it is up to them to provide evidence that they are not the parent.
We must receive any appeal within one month of the date of the letter we sent to the person named as the parent of the child. This letter tells them how child maintenance has been worked out.
Or, the person named as the parent of a child can apply direct to a court at any time to prove they are not the child's parent. They would apply for a 'declaration of non-parentage' (or a 'declarator of non-parentage' in Scotland).
The courts will usually ask the person named as the parent of a child to take a DNA test. If the person refuses, the court may assume that they are, in fact, the parent of the child.
Going to court to prove parentage is not the same as appealing against a child maintenance decision. However, if the court makes a declaration of non-parentage, that person will no longer be expected to pay child maintenance for that child.
DNA testing
What is DNA testing?
DNA stands for deoxyribonucleic acid and is found in almost all the cells that make up the human body.
DNA contains a code that decides what characteristics a person will have. Samples of DNA can be used to see if people are related and are used to prove or disprove whether someone is the parent of a child.
DNA testing can either:
- prove 100% that a person is not a child's parent
- show a 99.99% probability that a person is a child's parent.
No two people in the world have exactly the same DNA, except for identical twins (or multiple births). If a person who is one of a pair of identical twins is named as the parent of a child, a DNA test cannot tell which of the twins is the parent - only that either one of them is, or both of them are not, the child's parent.
When does the SMS use DNA tests?
We use DNA testing if we cannot presume the parentage of a child. We will interview both the person named as the parent of the child and the parent with care, and will ask everyone involved to take a DNA test.
Both the person named as the parent of the child and the parent with care will need to agree to take the test. The parent with care will also need to agree that the child can take the test, unless the child is over 16 when they can give their own permission.
All information given to the DNA-testing company, and all test results, will be confidential. The results will usually only be given to us, the parent with care and the person named as the parent of the child. However, in some cases, the information may also be given to a court to help them make a decision.
What does the test involve?
A DNA test usually involves testing a cheek-cell sample.
A DNA-testing company will send a cheek-cell sample kit to the doctors' of the person named as the parent of the child and the parent with care. Both the parent with care and the person named as the parent of the child can decide whether to use their own doctor, or choose another doctor from the list we provide.
The doctor will take some cheek cells from the inside of the mouth using small sponge on a stick. The test is quick, simple and painless. The doctor will then send the samples in tamper-proof packaging to the DNA-testing company.
A DNA test can also be taken from a blood sample. If both the person named as the parent of the child and the parent with care would prefer this type of test, they should tell us or the testing company.
The person named as the parent of the child, the parent with care and the child must have the same type of test. For example, they must all have blood sample tests or they must all have cheek-cell sample tests.
We will also need two passport-sized photographs of everyone taking the test. These are for security reasons and we may use them to identify who provided the sample.
How do we arrange DNA testing?
We refer DNA testing to a specialist DNA-testing company. The DNA-testing company will send the person named as the parent of the child an information pack, which includes the following:
- A letter with details of:
- the case reference number
- the names of the people who will be providing samples for the test
- information on how to arrange an appointment to give a sample.
- A booklet about DNA testing
- A list of local doctors who have agreed to take samples
- An appointment form that the person named as the parent of the child will have to return after they have arranged an appointment with the doctor they choose to take their sample
- A doctor's letter in case the chosen doctor is not on the list
- A pre-paid reply envelope.
When the DNA-testing company receives a sample from the person named as the parent of the child, they will send a pack with the same information to the parent with care.
Does a DNA test cost anything?
Yes. The full fee for testing three people (two adults and one child) is £281.05.
If the person named as the parent of the child pays when they return their appointment form, they can pay a discounted rate available through Cellmark, a company we use to carry out DNA tests. Currently, the discounted rate is £215.69. These costs may change from time to time. If you would like to check the current costs, you can phone us or write to us using the phone number or address at the top of the letter we have sent you to ask you to arrange a DNA test. No part of the money goes to the NICSA.
Who has to pay for the test?
We expect the person named as the parent of the child to pay for the test.
If the test result shows that they are not the child's parent, we will give them their money back and we will cover the cost of the test. The person named as the parent of the child will receive their information pack and be told how much they have to pay. They must send this amount when they return the appointment form. If they pay for the DNA test at the same time that they return the appointment form, they can pay the discounted rate.
If we accept that the person named as the parent cannot pay for the DNA test, we will pay the fee for them. But if the test shows that they are the parent of the child, they will have to repay this money to us.
Can the person named as the parent of the child or the parent with care arrange for a private DNA test?
Yes. Either person can arrange for a private DNA test. However, we will only accept the results of a private test if we are satisfied that:
- the test has been carried out by a DNA-testing company which has been approved for use when courts need DNA tests (we can provide a list of these companies)
- the security arrangements meet acceptable standards
- all those involved are satisfied that the test was carried out properly
- the test was based on DNA samples from the person named as the parent of the child, the parent with care and the child.
What happens if either the person named as the parent of the child or the parent with care is unhappy with the testing procedure?
If either person is unhappy with any part of the procedure, they can complain direct to the Customer Service Department of the DNA-testing company. Or they can ask us to deal with the complaint for them. All complaints will be fully investigated.
What happens to the results of a DNA test?
Once the DNA-testing company has received all the samples, it will tell the person named as the parent of the child, the parent with care and us that it is ready to start the test. The test normally takes 10 days to complete. The DNA-testing company will send the results by first-class post to the person named as the parent of the child, the parent with care and to us. The results are confidential and will not be given over the phone. If necessary, the DNA test results may also be given to a court as evidence.
DNA testing might delay a child maintenance calculation, but it will not change the date it starts from. If you are named as the parent of a child and a DNA test shows you are the child's parent, you will have to pay any child maintenance due. This will include any child maintenance not paid while the dispute was happening as well as the cost of the DNA test.
What happens if someone refuses to take a DNA test?
If a person named as the parent of a child is disputing parentage but refuses to take a DNA test, we will presume they are the child's parent and they will have to pay child maintenance.
If a parent with care refuses to take the test and gets Income Support or Income-Based Jobseeker's Allowance, Social Security may reduce their benefit by 40% of the adult personal allowance. This reduction may not be used if the parent with care can give good reasons for refusing to take the test. These reasons could include that there would be a risk of harm or undue distress to the parent with care or any children living with them.
What happens after a dispute is sorted out?
If the DNA test proves that the person named as the parent of the child is not the parent of the child, we will contact them and refund the full cost of the DNA test (if they paid for a DNA test that we arranged). We will arrange an interview with the parent with care to find out who else could be the parent of the child.
If the DNA test proves that the person named as the parent of the child is the parent of the child, we will work out how much child maintenance they should pay. This will include child maintenance from the date that payments should have started as well as the cost of the DNA test.
Referral to court
When do we refer decisions to the court?
In certain cases, such as if a child is born as a result of fertility treatment, a DNA test may not be appropriate and we cannot presume the parentage. In these cases, we may apply to a court and ask them to decide.
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