DM v TH [2023] NSWSC 1421

DM v TH [2023] NSWSC 1421

Based on overwhelming evidence including genetic testing, consistent relationship history, affidavits, and admission of paternity by the defendant in French proceedings, and being satisfied on the balance of probabilities, the court declared TH as the father of DM and ordered his inclusion on the Register of Births, Deaths and Marriages.

Jurisdiction
Australia
Judgment Date
21 November 2023
Procedural Posture
Principal Judgment / Final Orders
Outcome
Declaration and order made as sought; leave granted to proceed; no costs order.
Legal Topics
['parentage Declaration' 'birth Certificate Amendment' 'paternity' 'recognition of Foreign Court Orders']
['family Law' 'equity'] ['parentage Declaration' 'birth Certificate Amendment' 'paternity' 'recognition of Foreign Court Orders']

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Procedural Posture

Principal Judgment / Final Orders

Legal Issues

  1. 1 ['Whether a declaration of parentage can be made under s 21 of the Status of Children Act 1996 (NSW) for a father not listed on an Australian birth certificate' 'Whether an order can be made under s 19 of the Births, Deaths and Marriages Registration Act 1995 (NSW) to include the father on the Register' 'Whether evidence from French proceedings and genetic testing satisfies the requirements for parentage testing in NSW']

Ratio Decidendi

Based on overwhelming evidence including genetic testing, consistent relationship history, affidavits, and admission of paternity by the defendant in French proceedings, and being satisfied on the balance of probabilities, the court declared TH as the father of DM and ordered his inclusion on the Register of Births, Deaths and Marriages.

Court Disposition

Declaration and order made as sought; leave granted to proceed; no costs order.

Orders

  • ['Leave to the Plaintiffs to proceed pursuant to r 11.8AA of the Uniform Civil Procedure Rules 2005 (NSW)' 'Order that the matter proceed by closed court and parties’ names be anonymised' 'Declaration pursuant to s 21 of the Status of Children Act 1996 (NSW) that TH is the father of DM' 'Order pursuant to s 19 of...