Child support:Disputed parentage and DNA testing

CSL110

ISBN: 1-85197-949-2 Part of the Department for Work and Pensions

October 2005 www.csa.gov.uk

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Application to the courts under Family Law 15

England and Wales . . . . . . . . . . . . . . . . . . . . 15

Scotland . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

What happens once the dispute is

resolved? . . . . . . . . . . . . . . . . . . . . . . . . . . . 16

DNA testing – what is it? . . . . . . . . . . . . . . . 17

Paying for the test . . . . . . . . . . . . . . . . . . . . . 18

What happens next? . . . . . . . . . . . . . . . . . . . 19

Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . 21

What if you are not happy with the testing

procedure? . . . . . . . . . . . . . . . . . . . . . . . . . . 22

What if you arrange your own DNA test? . . . . 22

For more information . . . . . . . . . . . . . . . . . . 23

Claiming tax credits . . . . . . . . . . . . . . . . . . .24

ContentsSome words and phrases we use in this leaflet

and what they mean . . . . . . . . . . . . . . . . . . . .4

About this leaflet . . . . . . . . . . . . . . . . . . . . . . 6

Pre-child maintenance calculation parentage

disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

Presumptions of parentage . . . . . . . . . . . . . . . 7

Challenging a presumption of parentage . . . . . . 9

What happens if none of the presumptions

of parentage apply? . . . . . . . . . . . . . . . . . . . . . 9

Refusal to take a DNA test . . . . . . . . . . . . . . . 10

Alleged non-resident parent . . . . . . . . . . . . 10

Parent with care . . . . . . . . . . . . . . . . . . . . 10

Referral to the courts . . . . . . . . . . . . . . . . . . . 11

What happens once the dispute is resolved? . 12

Post-child maintenance calculation parentage

disputes . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

Routes to resolve the parentage dispute . . . . . 13

Disputing the child maintenance

calculation . . . . . . . . . . . . . . . . . . . . . . . . .13

DNA tests in post-child maintenance calculation

disputes . . . . . . . . . . . . . . . . . . . . . . . . . . 13

Appeals on the grounds of disputed parentage

under the Child Support Act 1991 . . . . . . . . . 14

Further information . . . . . . . . . . . . . . . . . . . . 15

non-resident the parent who is not the main day-to-day carer ofparent the children.

If the children stay with both parents, the non-

resident parent is the one who spends fewer

nights with the children.

If the children spend an equal number of nights

with each parent, normally the non-resident parent

is the one who is not getting Child Benefit for the

children.

parent with the parent who is the main day-to-day carer of the care children.

person a parent with care and people who are notwith care parents, but who are the main day-to-day carers

of the children. For example, this could be a

grandparent or a guardian.

Most child maintenance rules apply to both a

parent with care and a person with care. But there

are some rules that apply only to a parent with

care. This is made clear in the leaflet.

qualifying a child who the non-resident parent has to paychild child maintenance for.

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The Child Support Agency works out child

maintenance and can arrange to collect it. The

Child Support Agency is part of the Department

for Work and Pensions.

Some words and phrases we use in thisleaflet and what they mean

alleged a person named as the non-resident parentnon-resident who says they are not the parent of a qualifying parent

child.

child for child support purposes, someone is a child

if they are:

• under 16; or

• under 19 and in full-time, non-advanced

education. This is doing a course that is not

higher than A level standard.

child the money that child support law says a maintenance non-resident parent must pay towards the cost of

bringing up the children. Child support law calls

this child support maintenance.

child the method that the Child Support Agency uses tomaintenance work out how much child maintenance a calculation

non-resident parent must pay.

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maintenance calculation it is known as a post-child maintenance calculation parentagedispute.

The information in this leaflet is complex and thereare several references to the law. If you needfurther information or a more detailed explanation,you should contact the Child Support Agency’snational helpline on 08457 133 133.

Pre-child maintenance calculationparentage disputes

If an alleged non-resident parent denies being achild’s parent, the Child Support Agency willdiscuss this in detail including the reasons for it.The parent with care will also be told about this.

Presumptions of parentage

When parentage is disputed before a childmaintenance calculation has been made, the ChildSupport Agency can sometimes presume that thealleged non-resident parent is one of the child’sparents and calculate child maintenance.

The circumstances where this can be done are setout in detail in Section 26(2) of the Child SupportAct 1991. They can be summarised as follows:

• if the alleged non-resident parent was married tothe child’s mother at any time betweenconception and birth of the child and the childhas not since been adopted;

About this leaflet This information is for professional and voluntaryadvisers and members of the public who want toknow more about resolving parentage disputesand DNA testing. This leaflet is intended to helpyou understand the main points and is only generalguidance. It is not a complete statement of the law.

In an application for child maintenance, a personnamed as a non-resident parent who denies beingthe parent of a qualifying child is known as analleged non-resident parent.

An alleged non-resident parent may disputeparentage as soon as they learn that childmaintenance has been applied for and before achild maintenance calculation has been made bythe Child Support Agency. But sometimesparentage is questioned much later after childmaintenance payments have begun.

This leaflet describes how a parentage dispute canbe resolved. There are 2 main parts because thedifferent ways to do this depend on whether thedispute arises before or after a child maintenancecalculation has been made.

• If parentage is disputed before a childmaintenance calculation it is known as a pre-child maintenance calculation parentagedispute.

• If parentage is disputed after a child

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• if the alleged non-resident parent has been found or judged to be the father by a court,in proceedings where parentage was not the central issue.

Challenging a presumption of parentageThe alleged non-resident parent can:

• dispute the decision to make a childmaintenance calculation; or

• dispute a child maintenance calculation based onone of the presumptions listed on pages 7 to 9.But they, not the Child Support Agency, will beresponsible for proving that they are not thechild’s parent.

They can also apply to the courts to determineparentage – as described in the section ‘Applicationto the courts under Family Law’ on page 15.

An alleged non-resident parent who disputesparentage must continue to pay the childmaintenance due. If the dispute is successful, theChild Support Agency can pay back any moneycollected.

What happens if none of thepresumptions of parentage apply? If the alleged non-resident parent denies parentageand none of the presumptions of parentage apply,the Child Support Agency will usually suggest aDNA test. The alleged non-resident parent and theparent with care will need to agree to take the test

• if the alleged non-resident parent is named asthe child’s father on the birth certificate and thechild has not since been adopted;

• if an alleged non-resident parent refuses to takea DNA test;

• if an alleged non-resident parent has taken a testwhich shows that there is no reasonable doubtthat the alleged non-resident parent is a parent ofthe child;

• if the alleged non-resident parent has adoptedthe child;

• if a court has made an order under Section 30 ofthe Human Fertilisation and Embryology Act1990 that the alleged non-resident parent is aparent of the child. This could happen if amarried couple have a child carried by a womanother than the wife (a surrogate mother);

• if the alleged non-resident parent is a parent ofthe child by virtue of Section 27 or 28 of theHuman Fertilisation and Embryology Act 1990.This covers situations where a child is born as aresult of certain fertility treatments;

• if a declaration of parentage made in a court inEngland, Wales and Northern Ireland, or adeclarator of parentage by a court in Scotland,that the alleged non-resident parent is a parent ofthe child is in force, and the child has not sincebeen adopted; and

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penalty will not be imposed if the parent with carehas good cause for refusing to take the test. Goodcause means a risk of harm or undue distress to theparent with care or any child living with them as aresult of taking the test.) The reduction in benefit is 40per cent of the adult personal allowance for IncomeSupport or income-based Jobseeker’s Allowance.

Referral to the courts

In certain cases (such as where a child is born as aresult of fertility treatment) a DNA test may not beappropriate. In such cases the Child SupportAgency may apply for a court to determineparentage. In England and Wales applications for adeclaration of parentage can be made underSection 55A of the Family Law Act 1986. Section27 of the Child Support Act 1991 allows theSecretary of State to make such applications. InScotland applications for a declarator of parentageare made under Section 7 of the Law Reform(Parent and Child) (Scotland) Act 1986.

It is also possible for the alleged non-residentparent, or the parent or person with care, to applyfor such a declaration (see page 15). Non-residentparents may also decide to arrange their own DNAtests – although the Child Support Agency maynot always accept the outcome of tests that it hasnot arranged (see page 22).

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and provide samples for testing. The parent withcare will need to give consent for the child orchildren. If the child lives with a person with careand both parents are non-resident, it will be theparents who need to take the test, but the personwith care will normally need to agree for the childto be tested.

DNA testing may delay the child maintenancecalculation, but it will not alter the date from whichchild maintenance starts. If the alleged non-resident parent is found to be the child’s parentthey will have to pay any child maintenancedue. This will include arrears from the date thatthe child maintenance calculation took effectas well as the fee for the test.

For further details about DNA testing, turn topage 17 of this leaflet.

Refusal to take a DNA test

Alleged non-resident parent

An alleged non-resident parent who refuses to takea DNA test will be presumed to be a parent of thechild (see pages 7 to 9). The Child Support Agencywill then work out child maintenance which thealleged non-resident parent has to pay.

Parent with care

Parents with care who get Income Support orincome-based Jobseeker’s Allowance and refuse totake a DNA test may face a benefit penalty. (The

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Routes to resolve the parentage dispute

Disputing the child maintenance calculation

The alleged non-resident parent can dispute the

child maintenance calculation on the grounds that

they are not the child’s parent. The alleged non-

resident parent must provide some evidence or

other justification for this (Regulation 3A Social

Security and Child Support [Decisions and

Appeals] Regulations 1999).

The Child Support Agency will only revise the

decision if there is conclusive evidence that the

alleged non-resident parent is not a parent of the

child (for example DNA test results or if a court has

declared this to be the case).

DNA tests in post-child maintenance

calculation disputes

If the evidence provided is not conclusive but casts

doubt on the child’s parentage, the Child Support

Agency may offer DNA tests. But it will only do this

if, in the light of that evidence, the other parent

agrees there might be doubt. The alleged non-

resident parent and the parent with care will need

to agree to the test and provide samples for

testing. The parent with care will need to give

consent for the child or children. If the child lives

with a person with care and both parents are

What happens once the dispute isresolved?

• If the alleged non-resident parent IS PROVEDNOT to be the child’s parent after a DNA test,or declaration of parentage:

The Child Support Agency will contact them. It willalso refund the full cost of the DNA test if it was aChild Support Agency arranged test paid for by thealleged non-resident parent. An interview will bearranged with the parent with care in order to findout who else could be the non-resident parent.

• If the alleged non-resident parent IS PROVEDto be a parent of the child after a DNA testresult, or declaration of parentage:

The Child Support Agency can presume them tobe a parent and will work out the childmaintenance due. The alleged non-resident parentcan challenge the presumption.

Post-child maintenance calculationparentage disputes

There are several ways to resolve parentage

disputes which arise after child maintenance has

been worked out.

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Further information

Further information on how to dispute a child

maintenance decision, how to ask for revision, or

how to appeal, is contained in leaflets CSL105

A guide to changing and appealing against child

support decisions and CSL106 Child support:

How to appeal.

Application to the courts under Family Law

At any time the alleged non-resident parent or theparent or person with care can apply direct to acourt for the courts to determine parentage.

England and Wales

An application can be made for a declaration ofparentage or non-parentage under Section 55A of the Family Law Act 1986. Applications can bemade to a magistrates’ court, county court or the High Court. Most applications are made to a magistrates’ court. This is done by filing anapplication in accordance with rule 3B of theFamily Proceedings Courts (MatrimonialProceedings etc) Rules 1991. The court will beable to provide an application form.

non-resident, it is the parents who will need to take

the test, but the person with care will normally

need to agree for the child to be tested.

For further details about DNA testing, turn to

page 17 of this leaflet.

If the alleged non-resident parent’s evidence does

not cast doubt, or the other parent maintains that

there is no doubt, DNA tests will not be offered. In

this case the Child Support Agency will refuse to

revise the decision.

Appeals on the grounds of disputedparentage under the Child Support Act 1991

The non-resident parent will have one month in

which to appeal against the refusal to revise the

decision. However if they have good reason for

submitting a late appeal (for example they have

only just learnt that they might not be the child’s

parent) this may be accepted by the court.

Issues of parentage are handled by the courts.

So an appeal made on the grounds of disputed

parentage is heard by a court not an Appeal

Tribunal. The courts will usually request DNA tests.

If the alleged non-resident parent refuses to take

a court-directed test, the court may draw

conclusions and consequently find them to be

the child’s parent.

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If the alleged non-resident parent paid for a DNA

test that was offered by the Child Support Agency,

the test fee will be refunded. However, if the case

was referred by the Child Support Agency to the

court and the alleged non-resident parent paid for

a DNA test directed by the court, the Child

Support Agency will not refund the fee. But at the

court hearing the alleged non-resident parent will

have an opportunity to apply for costs to be

awarded against the Child Support Agency to

cover this.

The Child Support Agency may also seek torecover any child maintenance paid to the parentwith care. It will not try to recover childmaintenance for any time that the parent with carewas on Income Support or income-basedJobseeker’s Allowance.

DNA testing – what is it?Deoxyribonucleic Acid, or DNA, is found in almostall the cells that make up the human body. DNA contains a code that determines thecharacteristics of a person. No 2 people in theworld have exactly the same DNA, except foridentical twins. Samples of DNA can be used to establish whether individuals are related.

A DNA test is therefore a quick and easy way to decide whether an alleged non-resident parent is the parent of a child.

Scotland

An action for a declarator of parentage, or non-parentage, under Section 7 of the Law Reform(Parent and Child) (Scotland) Act 1986, can be brought before the Court of Session or the sheriff’s court.

These decisions are binding on the Child SupportAgency. They also apply to other issuesconcerning parentage such as immigration rightsand inheritance, and so on.

When an application is made, the courts will

usually request DNA tests. If the alleged non-

resident parent refuses to take a court-directed

test, the court may draw conclusions and

consequently find them to be the child’s parent.

What happens once the dispute isresolved?

If the alleged non-resident parent is proved to

be a parent of the child any unpaid arrears of

child maintenance will be due. The Child Support

Agency will take enforcement action if it is not paid.

If an alleged non-resident parent is proved not to

be a parent of a child either by a DNA test result,

or a declaration made by a court, the Child

Support Agency will revise its decision. Any child

maintenance previously paid can be paid back.

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advance by the alleged non-resident parent; and

£257.58 for the full rate – if paid by the ChildSupport Agency.

These costs may be revised from time to time.

What happens next?

The Child Support Agency will refer the case to theDNA testing company which will send aninformation pack to the alleged non-residentparent. This will include:

• a letter containing:

– the case reference number;

– the names of those who will be providingsamples for the test; and

– how to arrange an appointment to give a

cheek cell sample;

• a booklet about DNA testing;

• an appointment form to be returned by the

alleged non-resident parent once an

appointment for providing a sample has been

arranged;

• a list of local doctors who have agreed to take

cheek cell samples;

• a doctor’s letter in case the person chooses

a doctor who is not on the list; and

• a pre-paid reply envelope.

The test will either:

• prove 100 per cent that an alleged non-residentparent is not a parent of the child; or

• show a 99.99 per cent probability that they are a parent of the child.

Paying for the test

The Child Support Agency has a contract with aDNA testing company and can refer clients for atest. The alleged non-resident parent (not theparent with care) must usually pay for the test inadvance – but at a discounted rate. If the testshows that the alleged non-resident parent is not aparent of the child, the Child Support Agency willrefund the fee.

If the alleged non-resident parent cannot pay forthe test, the Child Support Agency may pay thefee. But the alleged non-resident parent mustagree to repay the fee if the test result shows thatthey are one of the child’s parents. This will be atthe full rate.

No part of the fee goes to the Child SupportAgency. It covers the testing company’s chargesfor carrying out the test and the doctors’ fees fortaking the samples.

The current fees for testing 3 people(that is 2 parents and one child) are;

£194.13 for the discounted rate – if paid in

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the same type of sample, that is all blood

samples or all cheek cell samples.

The testing company will tell the alleged non-

resident parent to take 2 passport-sized photos of

themselves to the sample appointment. The other

parent will be told to bring 2 of themselves and 2

of each child being tested.

These are for security purposes. They are used to

identify who provided the sample. For example,

if the test proves negative, the Child Support

Agency may show the parent with care the

photograph of the person who provided the

sample. This is to check that the sample was

provided by the person they named as the other

parent, and not by someone else.

Once all the samples have been received, the DNA

testing company will notify the alleged non-resident

parent, the parent with care and the Child Support

Agency to confirm that they are ready to start the

test. When the test is completed (normally within

10 days) the DNA testing company will send the

results by first class post. This will go to the alleged

non-resident parent, the parent with care and the

Child Support Agency.

Confidentiality

All information given to the DNA testing company

remains confidential. It will not tell anyone the

If the alleged non-resident parent is paying for the

DNA test, the company will tell them how much

they have to pay. The alleged non-resident parent

must send this amount when they return the

appointment form.

When the testing company receives the alleged

non-resident parent’s sample, it will send the same

pack to the other parent. Again, this will include the

letter, the booklet about DNA testing, an

appointment form, a list of local doctors, a doctor’s

letter and a reply envelope.

When the DNA testing company has the

appointment details, it will send a cheek cell

sample kit to the doctor. Cheek cells are gathered

from the inside of the mouth using a swab. A swab

looks like a small sponge on a stick. All the doctor

will do is rub the swab gently on the inside of the

cheek. The test is simple and painless and can be

used for anyone at any age. The doctor will then

send back the samples in tamper-proof packaging

to the DNA testing company.

It is also possible for blood to be used for DNA

testing. The alleged non-resident parent, or the

parent with care, should tell the Child Support

Agency or the testing company if this type of test is

required. All those taking the test must provide

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results of these if it is satisfied that:

• the test has been conducted by a reputable

DNA testing company which adheres to the

Government’s Code of Practice and Guidance

on Genetic Paternity Testing Services;

• the security arrangements for authenticating

samples meet acceptable standards;

• all those involved were satisfied that the test

was properly conducted; and

• the test is based on samples from all 3 people –

the alleged non-resident parent, the other

parent and the child. (So-called ‘motherless’

tests are unacceptable for Child Support Agency

purposes.)

For more information

Please ring our national helpline if you:

• want to apply for child maintenance;

• have any questions about child maintenance

in general;

• want help or more information after reading this

leaflet; or

• want us to send you any of our other leaflets.

The phone number is 08457 133 133.

name and address of someone who gives a

sample for testing.

The test report will usually only be given to the

alleged non-resident parent, the parent with care

and the Child Support Agency. But it may also be

given to a court as evidence in any subsequent

parentage hearing. The results will not be given

over the phone.

What if you are not happy with thetesting procedure?

If you are unhappy with the way the DNA testing

company has acted, you can complain direct to

its Customer Services Department. The address

and phone number are in the booklet about

DNA testing.

If you prefer, you can contact the Child Support

Agency office dealing with your case. The contact

details will be on any letters it has sent you.

All complaints will be fully investigated.

What if you arrange your own DNA test?

There are now a number of companies offering

tests direct to the public on payment of a fee.

The Child Support Agency will only accept the

The phone number is 0845 300 3900.

If you use a Textphone, the number is

0845 300 3909.

Both lines are open from 8am to 8pm, 7 days

a week (except Christmas Day, Boxing Day,

New Year’s Day and Easter Sunday). All calls

are charged at local rates.

We also produce our leaflets in Braille, large print

or on audio tape. If you would like a copy please

contact:

Central Communications

Room BP6201

Benton Park View

Longbenton

Newcastle upon Tyne

NE98 1YX

Phone 0191 2257344

e-mail csa-communications@dwp.gsi.gov.uk

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If you use a Textphone, the number is

08457 138 924.

Both lines are open from 8am to 8pm Mondays

to Fridays and 9am to 5pm Saturdays.

The person taking your call will not have your

personal information, but they can help you with

anything general to do with child maintenance.

Calls may be recorded for the Child Support

Agency to check its services or train staff.

Claiming tax credits

Tax credits support families with children and

working people on low incomes. If you have

children or are working as an employee or a self-

employed person (whether or not you also have

children), you may be able to claim tax credits.

The Inland Revenue decides and pays claims for:

• Child Tax Credit; and

• Working Tax Credit.

You can find out more about Child Tax Credit and

Working Tax Credit by visiting

www.inlandrevenue.gov.uk/taxcredits

You can claim online too. Or if you prefer, you can

ring the Inland Revenue helpline.

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