Amy Boudewijn v Ashley Paul Johnson & Anor

Amy Boudewijn v Ashley Paul Johnson & Anor

The court was satisfied, primarily on the basis of DNA evidence showing a 99.9375% probability of half-sibling relationship, and corroborating documentary and testimonial evidence, that Errol Washington Johnson was the biological father of Amy Boudewijn. There was no public policy reason to refuse the declaration.

Parties
Applicant: Amy Boudewijn; First Respondent: Ashley Paul Johnson (as Representative of the Estate of Errol Washington Johnson); Second Respondent: Bridget Sumpter Boudewijn
Jurisdiction
England and Wales
Judgment Date
24 November 2022
Procedural Posture
Declaration of Parentage / Final Judgment
Outcome
Declaration granted
Legal Topics
Declaration of Parentage, Jurisdiction Under Family Law Act 1986, Amendment of Birth Certificate, DNA Evidence, Reporting Restrictions
Family Law Declaration of Parentage Jurisdiction Under Family Law Act 1986 Amendment of Birth Certificate DNA Evidence Reporting Restrictions

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Parties

Amy Boudewijn

Applicant

Ashley Paul Johnson (as Representative of the Estate of Errol Washington Johnson)

First Respondent

Bridget Sumpter Boudewijn

Second Respondent

Procedural Posture

Declaration of Parentage / Final Judgment

Legal Issues

  1. 1 Whether Errol Washington Johnson was the biological father of Amy Boudewijn
  2. 2 Whether the court has jurisdiction to make a declaration of parentage
  3. 3 Whether the declaration should be made based on the evidence

Ratio Decidendi

The court was satisfied, primarily on the basis of DNA evidence showing a 99.9375% probability of half-sibling relationship, and corroborating documentary and testimonial evidence, that Errol Washington Johnson was the biological father of Amy Boudewijn. There was no public policy reason to refuse the declaration.

Court Disposition

Declaration granted

Orders

  • It is declared that Errol Washington Johnson was the parent of Amy Boudewijn.
  • A court officer shall send a copy of the order and application to the Registrar General for Births and Deaths within 21 days for consideration of re-registration of Amy's birth under the Births and Deaths Registration Act 1953, section 14A.