Re E (Declaration of Parentage)

Re E (Declaration of Parentage)

E has established, on the balance of probabilities, through DNA evidence and corroborating family history, that D is her birth father. There are no public policy reasons to refuse the declaration. The court is required to grant the declaration under s.58 of the Family Law Act 1986.

Parties
Applicant: E; Birth Father: D
Jurisdiction
England and Wales
Judgment Date
25 January 2022
Procedural Posture
Declaration of Parentage / Judgment
Outcome
application granted
Legal Topics
Declaration of Parentage, Adoption, Identity, DNA Evidence
Family Law Declaration of Parentage Adoption Identity DNA Evidence

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Parties

E

Applicant

D

Birth Father

Procedural Posture

Declaration of Parentage / Judgment

Legal Issues

  1. 1 Whether E has established on the balance of probabilities that D is her birth father
  2. 2 Whether the declaration of parentage should be made under s.55A and s.58 of the Family Law Act 1986
  3. 3 Whether making the declaration would be manifestly contrary to public policy

Ratio Decidendi

E has established, on the balance of probabilities, through DNA evidence and corroborating family history, that D is her birth father. There are no public policy reasons to refuse the declaration. The court is required to grant the declaration under s.58 of the Family Law Act 1986.

Court Disposition

application granted

Orders

  • Declaration that D is the birth father of E