‘I suspect that my ex-girlfriend’s baby is mine’
Dear Mrs Macaulay, I suspect that my ex-girlfriend’s baby is mine because all the dates point to me, plus the baby looks just like me. The only problem is that she has put the baby in her current boyfriend’s name, and he has publicly accepted the child and signed all the relevant birth records. The baby is three months old. I have raised the issue with her, and she said to leave it alone. My family and people who knew of our relationship believe the baby is mine and support me in whatever I choose to do. I want to take the matter to court, but I am not sure whether the court can force her to do a DNA test, as well as the process to get the baby in my name. Can you assist?
I commend you for the position that you are taking in this matter. You are clearly a man who takes your position as a father seriously. This is just what should be done by any man who finds himself in your position.
I understand from your letter that your ex-girlfriend knowingly and intentionally ignored the fact the you could be her child’s biological father, and committed an offence under the Registration (Births and Deaths) Act, specifically Section 19B(3)(a) by wilfully making a false report of the birth of her child in naming her current boyfriend as her child’s father. This she knew to be untrue, and she also caused and/or convinced her current boyfriend to sign what was required of him to be registered as the father of her child.
The fact that you spoke to her and she told you to just leave it alone compounds her offence, and shows that she clearly acted intentionally and wilfully with the false report and registration of her child’s birth.
Your ex-girlfriend has not only wilfully sought to deprive you of your rights and obligations as the baby’s father, but she has also wilfully, intentionally and knowingly deprived the baby of his/her own legal rights, not only as to your name, but also to have a relationship with you and your family.
Yes, you can and should go and make an application in the Family Court for the parish you live in, for the court to declare your legal paternity. In order to do so, the court would make an order for a DNA test to be done at one of its recognised laboratories, and the lab would sent the results to the court. Once it is shown that you are the father, you should also apply for the court to order that the birth records and the birth certificate be amended as the order specifies. This would require that your ex returns the birth certificate(s) which are in her custody to the Registrar General. Hopefully, you can also apply that access be ordered for you, so you and your family can get to know and build a relationship with the child as he/she grows up. You should also be prepared to inform the court about what you can afford to offer as your contribution towards the maintenance of the child.
You should ask a family member and one of the other persons who knew you and your ex while you were together, and who also believe or know that the child is your child, to go with you to the court to make affidavits in support of your claim.
Though the Family Court clerk assists with the preparation of applications and affidavits in support for lay persons as the law provides at no charge, I must advise you that if you can afford to pay an attorney, that you should retain one to act for you. This is to ensure that your application and the affidavits in support are filed and served in good time, and that the presentation of your case to the court is clear and covers all the grounds.
But you are not bound to do this, and you can do all this yourself by properly preparing. Your application must ask for the declaration of your paternity and for all the orders stated above.
I wish you and the baby all success and a wonderful future relationship.
Margarette May Macaulay is an attorney-at-law, Supreme Court mediator, notary public, and women’s and children’s rights advocate. Send questions via e-mail to allwoman@jamaicaobserver.com; or write to All Woman, 40-42 1/2 Beechwood Avenue, Kingston 5. All responses are published. Mrs Macaulay cannot provide private, personal responses.
