A child’s mother is usually easily identifiable. She is person who gave birth to the child. The question of a child’s father however can be more problematic. The only way of confirming paternity is by undergoing a DNA test.
Courts in Scotland cannot order an individual to undergo a paternity test. They can request that they do so. They can make inferences if they do not, however they cannot force someone to undertake this medical procedure against their will.
Given the difficulties with paternity, the law in Scotland is based on a number of presumptions which are contained in Children (Scotland) Act 1995, namely that a man will be deemed to be the father of a child:
If you wish to be formally recognised as your child’s father but you are not named on the birth certificate nor were you married to the child’s mother, then we can assist you in either liaising with the child’s mother to arrange a DNA test, or raise the relevant court action for Declarator of Parentage.
If you wish to dispute that you are in fact the father of a child, it is possible to displace the above presumptions. The best way of doing so would be by way of a DNA test. We can assist you in arranging this with the child’s mother or, in the event that she is not willing to cooperate, with raising the necessary court action to have the court confirm that you are not the child’s father. This is called a Declarator of Non Parentage.
Our experienced team of family lawyers have had extensive training and have experience in both mediation and collaborative law, thus having all the necessary skills to adapt their approach to the needs of each client to ensure the best outcome is achieved. Call us on 0141 429 8166 or complete our online contact form.
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Livingstone Brown is a leading firm of Scottish solicitors. Based in Glasgow, but dealing with cases around the country, the firm has been at the forefront of legal service provision for over thirty years.
If you have a legal problem, getting good quality legal information at the earliest stage can be invaluable. The firm offers a free initial enquiry service; all you have to do is call in, telephone, or e-mail. You won't be charged for your enquiry; we'll let you know by return whether we can help, what we can do, and how much it's likely to cost. We can also offer legal aid where available.
Led by former senior partner Gerard Brown CBE, who continues as a consultant, the firm has built up an enviable reputation for quality of service and client care.
The firm has won various awards over the years. In the 2019 edition of the prestigious Legal 500 rankings Livingstone Brown was ranked as a 'top-tier' firm for general criminal work, and is also recommended for fraud cases. Stuart Munro and Gerard Brown were named as 'Recommended Lawyers'. In the Chambers directory the firm has a Band 1 ranking for criminal work, and Stuart Munro is a ranked financial crime lawyer. The firm was named Criminal Defence Firm of the Year and Family Law Team of the Year at the Scottish Legal Awards 2019.