We were instructed by Mr S to raise a declarator of parentage action in respect of a child born following an extra-marital relationship. We had previously dealt with Mr S's divorce. Another man was named on the child’s birth certificate (Mr W).
Mr S always believed that he was the father of the child, who was 8 years old when the action was raised. The child bore a strong resemblance to him. He had maintained a relationship with the child throughout his life, but on the basis that he was a friend of the family. The mother of the child appeared to consider that Mr S may be the father of the child as she contacted the Child Maintenance Service to seek payment of maintenance from him.
Outcome
The Sheriff ordered that DNA testing be carried out by an independent clinic. The results confirmed that Mr S was the father of the child. The Sheriff was therefore prepared to grant declarator of parentage in Mr S's favour along with corresponding parental rights and responsibilities.
Mr W's parental rights and responsibilities were removed. The birth certificate was thereafter updated. Mr S began to exercise contact with the child on a formal basis. Discussions required to take place as to the timing of when the child would be told of his relationship to Mr S. Mediation was used by the parties, including Mr W.