PaternityWhere can you go to establish paternity >>> Click here<<<Paternity can be determined in two ways:1. The Register of BirthsA presumption of paternity arises from a father’s name being entered in the Register of Births. (However, the father’s name being entered in the Register of Births does not give the father any guardianship rights in respect of his child). 2. Through the CourtWhere a father’s name is not entered in the Register of Births paternity can be established through the courts. It is necessary to establish paternity where this is in question in any maintenance, access, guardianship or inheritance proceedings. The district court hearing these proceedings can decide on paternity as part of the hearing. Alternatively a Declaration of Parentage can be sought in the circuit court. (see below). If a father goes to court seeking to become a guardian, or seeking access or custody, and the mother alleges that he is not the father, then it will be up to him to prove his parentage to the court before the court can make a final decision. If a mother goes to court looking for maintenance for her child, and the man she brings to court denies that he is the child’s father, then it will be up to her to prove to the court that he is the father before the court can make a maintenance order. If a child goes to court seeking to share in her/his father’s estate, and the father’s surviving relatives deny that he was the father, it will be up to the child to prove to the court that the man in question was the father before the court can decide whether a share is due. As stated above having the father’s name in the Register of Births gives rise to the presumption of paternity but if there is a doubt that he is the father then the court can order that paternity testing should be undertaken. Special Procedure for Declaration of ParentageIf a person wants a court declaration that a named person is her or his father or mother, there is a special procedure available in the circuit court called a Declaration of Parentage. It may be used only by the person whose parentage is in question (or by a person acting on her/his behalf). For example where a parent has died and the child is making a claim on the estate, this procedure can be used to establish parenthood. It is not available to adopted children Declaration of Parentage proceedings are heard in the Circuit Court so they will be more costly and slower than, say, seeking a maintenance order or a guardianship order in the District Court and having the question of parentage settled during those proceedings.
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