Disagreements about parentage
Can the surname of my child be changed?
A child’s name can be changed through National Records of Scotland. A parent who has parental rights and responsibilities can object to the child’s surname being changed, although this opposition can be over-ruled by a court decision. In a recent name change decision the children were given the surnames of both parents.
How paternity can be established?
When a contact or maintenance request is made, the response is sometimes to deny paternity. DNA testing now provides a quick and reliable way of establishing who is the father of a child, but it can only be carried out if the parent with responsibility for a child agrees for samples to be taken. If testing is refused, a court can make a presumption of paternity in certain circumstances.
My name isn’t on the birth certificate of my child, how can I deal with this?
If possible, try to persuade the mother to add your name. There are forms for you and her to fill in and this adds your name to the birth certificate. See https://www.nrscotland.gov.uk/registration/re-registration-of-birth-or-stillbirth for more details.
If she doesn’t agree to do this, you can raise it in court at the same time as obtaining a contact order. If she disputes that you are the father you can ask for a DNA test – do this via the Child Maintenance Service if you are being asked to pay maintenance.