I have been to court in the past and the solcitor has offered my ex 3 chances to do dna tests on my son but he refused to turn up because he knows he isn't his biological dad, I was bullied and threated to put his name on, but now its causing allsorts of problems. The parter I'm currently engaged to has been living with me for over a year now and my 3 year old has called him dad for a while now, we are getting married next year and going through adoption to get a name change, but they have to ask my ex permission. I know for a fact he will not allow it and whether there's a way to force him to do a dna test so we can move on once and for all.

Have you filed for support from the legal father? Is he paying support? Your solicitor shouldn't be "offering" chances to take a DNA test, he should be asking the court for a subpoena to compel the test. If the legal father refuses, then the court should grant you a TPR by default. They probably won't do this until you submit an adoption petition so wait until then.

But you should file for child support. If he has to pay support he may be more inclined to relinquish his rights.

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Originally Posted by ScottGem

Your solicitor shouldn't be "offering" chances to take a DNA test, he should be asking the court for a subpoena to compel the test. If the legal father refuses, then the court should grant you a TPR by default. .

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I disagree.
Neither the American nor the British system works in that way /excl TN,GA and IL/

DO you know who the father is? He may be able to challenge the established paternity in court. From what you are describing, he is legally the father and one way to change that is to prove that someone else is the father, not to try and disprove him as the father.