Dear Sir/Madam.
Thank you for your email.
The father does not need to be named on the birth certificate for an application to be made.
Child support law states that non resident parent’s are only liable to pay child maintenance for a child if they are a parent of the child. This is why the Child Support Agency asks the non resident parent if they accept that they are the parent of a named child before making a maintenance calculation. If someone named as a non resident parent disputes that they are the parent of the qualifying child before a maintenance calculation is made, the Child Support Agency can sometimes presume that the alleged non resident parent is one of the child’s parents and calculate maintenance. The Child Support Agency can presume parentage for the following reasons:
• If the alleged non resident parent was married to the child’s mother at any time between conception and birth of the child and the child has not since been adopted;
• If the alleged non resident parent is named as the child’s father on the birth certificate and the child has not since been adopted;
• If the alleged non resident parent refuses to take a DNA test;
• If the alleged non resident parent has taken a test which shows that there is no reasonable doubt that they are parent of the child;
• If the alleged non resident parent has adopted the child;
• If a court has made an order under section 30 of the Human fertilisation and Embryology act 1990 that the alleged non resident parent is a parent of the child. This could happen if a married couple have a child carried by a woman other than the wife (i.e. a surrogate mother);
• If the alleged non resident parent is a parent of the child by virtue of section 27 or 28 of the Human Fertilisation and Embryology Act 1990. This covers situations where a child is born as a result of certain fertility treatments;
• If a declaration of parentage made in a court in England, Wales and Northern Ireland, or a declaration of parentage by a court in Scotland, that the alleged non resident parent is a parent of the child is in force, and the child has not since been adopted;
• If the alleged non resident parent has been found or judged to be the father by a court, in proceedings were parentage was not the central issue.
If a maintenance calculation is made on presumption that a person is a parent, that person can appeal against the calculation on the basis that they are not the parent. The appeal is then referred to a court for consideration. In these cases child support liability can only stop, and any maintenance paid refunded, if the non resident parent proves in a court that they are not in fact the child’s parent. While the court is considering this question, the Child Support Agency will go on collecting maintenance.
If a person is named by the parent with care (PWC) as the most likely father of the child for which maintenance is being claimed (qualifying child - QC) he will be sent a maintenance enquiry form. On this form he will have the opportunity to deny parentage. If a non-resident parent (NRP) denies parentage of the QC we may interview the PWC and the alleged non-resident parent (ANRP) to try and establish if there is enough proof to show the ANRP is, or is not, the father of the QC.
If the issue cannot be resolved at the interview stage the Child Support Agency can arrange for a DNA test to be performed. If the results of this test are found to show that the alleged non-resident parent is not the biological father of the QC then the case against them is closed and the cost of the DNA test would be refunded. However, if the test proves they are the biological parent they will still be assessed to pay child support maintenance, as well as being liable to pay any arrears that may have accrued. They would also have to meet the costs of the DNA test.
For more information on this you can download leaflet CSL304 from the following link. https://www.csa.gov.uk/en/PDF/leaflets/new/CSL304.pdf
If you require any further information, please contact the National Help Line on 08457 133133, or for those who are hard of hearing and have a text-phone, please contact: 08457 138 924. We are open Monday to Friday from 8am to 8pm and Saturdays from 9am to 5pm. In addition the Child Support Agency’s website can be viewed at:
www.csa.gov.uk
We would also like to make you aware that we now accept Credit and Debit card payments by telephone.
Regards
Jayne White
National Help Line
Liverpool
Child Support Agency
08457 133133
www.csa.gov.uk
There you go ladies - Sperm doner does not need to be named & you can still get money from them
