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Asking the person named as the other parent for evidence

The parent or person with care is the parent or carer that the child normally lives with.

If someone is named as the other parent of a child and they deny it, that person should tell the CSA straight away.

The CSA can ask for evidence to prove they are not the parent, including things like:

• the results of a previous DNA test proving that they are not the parent
• evidence that they cannot physically father a child
• a ruling from the court

If the person named as the parent can’t give any of these, the CSA will:

• see if the parent with care has given any evidence
• ask both parents to take a DNA test (the DNA of the child will also need to be tested)
• ask the courts to make a decision

Asking the parent with care for evidence

The CSA can also ask the parent with care to give evidence to prove the person named is the parent. The things that count as evidence include:

• the child's birth certificate showing the other person’s name on it
• a marriage certificate with both people’s names on it
• a declaration of parentage from the courts
• an adoption certificate
• the results of a previous DNA test proving parentage

If the parent with care provides any of the above, the CSA can ‘presume parentage’. This is when the CSA decides it has been given good reason to believe that the named person is the parent.

If the parent with care cannot provide this information, the CSA may ask both parents to take a DNA test. The DNA of the child will also need to be tested.

Presumed parentage

By law, the CSA can presume parentage if the person named as the parent:

• was married to the child's mother at any time between the conception and the birth of the child (unless the child was adopted)
• is named on the child's birth certificate (unless the child was adopted)
• has taken a DNA test that shows they are the parent
• has refused to take a DNA test
• has legally adopted the child
• is named in a court order as the parent when the child was born to a surrogate mother

If the CSA presumes parentage, it will work out a child maintenance amount. The person named as the parent must pay this amount until they can produce evidence to show that they are not the child's parent.

If you disagree with a presumed parentage decision

If you disagree with a decision about presumed parentage, you can ask the CSA to look at that decision again.

You can get more information about how to get the CSA to look again at a decision using the following link.

• If you disagree with a CSA decision

DNA testing

One of the ways the CSA can sort out a disagreement about parentage is by DNA testing.

If a person named as the parent of a child refuses to take a DNA test, the CSA will presume they are the child's parent. When this happens they will have to pay child maintenance.

If a parent with care refuses to take a DNA test, the CSA will close the case.

You can get more information about DNA tests using the following link.

• DNA testing and the CSA

Asking the courts to make a decision

Sometimes a DNA test may not be appropriate and the CSA cannot presume parentage. For example, if a child is born as a result of fertility treatment. In these cases, the CSA may apply to a court and ask them to sort out the disagreement.

A person named as the parent of a child can also ask the courts to rule that they are not the child's parent. The courts will usually ask everyone involved in the case to take a DNA test. If the person refuses, the court may assume that they are the parent of the child.

For more information about what happens when someone denies they are the parent of a child, download the following leaflet.

• Download 'What happens if someone denies they are the parent of a child' (PDF, 330K) Opens new window

• Help with PDF files

More useful links

• Disagreements about parentage - what the CSA does