3. Apply to court for an order

The person who you think is your child's biological parent may not agree that they are your child's a parent. Or they may refuse to take a DNA test. In this situation, you can apply to the court for an order that says they are a parent. This is called a declaration of parentage.

The law says a person is likely to be a child's parent if the child was conceived by sexual intercourse and one of the following is true:

• They were married to the birth parent when the child was born.
• They were married to the birth parent within 300 days of when the child was born, but the marriage ended by death, divorce, or annulment.
• They were in a marriage-like relationship with the birth parent before the child was born, and the child was born within 300 days of when the relationship ended.
• They certified they were a parent by signing the birth registration.

You must tell the judge why you think the person is the biological parent of your child. This person can also give evidence about why they should not be declared a parent.

The judge decides

The judge usually gives this person a chance to take a blood test or DNA test first. If they do not agree to do it, the judge may assume that they're the parent. The judge is more likely to do this if the person does not show proof that they're not the child's parent.

The judge will look at all of the evidence and decide whether to make an order declaring parentage. If the judge makes an order, you will get a court order.

The court will also file a statement with the Registrar General that says whether or not the person was declared a parent.

You can then list the person as a parent when you register your child’s birth. Or, if you want to change the information in your child's birth registration, you need to contact the Office of the Registrar General.