Proving paternity in court is done 2 different ways depending on who is applying.
If you’re a mother you ask the court to make a Paternity Order to say a man is your child’s father. This application can also sometimes be made by:
An application can be made if:
If the mother has died, abandoned the child or can’t make the application herself, an application can be made by:
You need to apply for a Paternity Order before the child is 6 years old, unless the man believed to be the father:
The mother and some other people can apply for a Declaration of Paternity (or non-paternity). They are:
There is no time limit for applying for a Declaration of Paternity.
The application can be made even if the child, or the man believed to be (or not to be) the father, has died.
If you need help to fill in the forms you can call us or visit your local court.
Find out more about affidavits and statutory declarations
Note: When you print the forms it's important to print them single sided.
The court can recommend a paternity test to help it decide whether a man is the child’s father. These tests are also known as parentage tests. There are 2 basic types of paternity tests:
If the court orders a paternity test, the costs of DNA testing are usually shared between the mother and the alleged father. If paternity is established, the mother can ask for the full cost to be paid by the father. If you can’t afford this, you might be able to get legal aid to help pay for DNA testing.
A man can refuse to have a test, but the court can consider his refusal when examining the evidence.
Both the mother and the man, or other applicant, can ask the court to recommend that these tests be done.
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