If a man is named on the birth certificate as the father, yet isn’t biologically their offspring (they got together when the mother was 2 months pregnant), would that person be entitled under the rules of intestacy as a child of the deceased man?
Laura Makin
Legal Services Ltd
If I understand correctly, I would say not.
Naming a person as the father on a birth certificate does not result in the child falling within the definition of “issue” (ie lineal descendant).
Presumably if man adopted the child then, yes (ACA 2002).
Malcolm Finney
Hi Laura,
The birth certificate is considered as primary evidence and establishes that he is the father of the child. This is rebuttable of course, for example, by DNA, a sworn statement or affidavit or by other strong evidence that may be available. However, the starting point is that the man named on the birth certificate is the father of the child.
Kind regards,
Philip Turvey
Anglia Research
www.angliaresearch.co.uk