X v Y

X v Y

The court is satisfied, based on the applicant's undisputed evidence, the respondent's non-opposition, and the inference drawn from the respondent's refusal to comply with DNA testing, that it is more likely than not the respondent is the applicant's biological father. There is no public policy reason to refuse the declaration.

Parties
Applicant: X; Respondent: Y
Jurisdiction
England and Wales
Judgment Date
07 July 2022
Procedural Posture
Declaration of Parentage / Judgment
Outcome
Declaration of parentage granted
Legal Topics
Declaration of Parentage, Identity, Parentage, DNA Testing, Human Rights
Family Law Declaration of Parentage Identity Parentage DNA Testing Human Rights

Case Brief

Summary, issues, holding and outcome

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Parties

X

Applicant

Y

Respondent

Procedural Posture

Declaration of Parentage / Judgment

Legal Issues

  1. 1 Whether the respondent is the applicant's biological father
  2. 2 Whether a declaration of parentage should be granted under s 55A Family Law Act 1986

Ratio Decidendi

The court is satisfied, based on the applicant's undisputed evidence, the respondent's non-opposition, and the inference drawn from the respondent's refusal to comply with DNA testing, that it is more likely than not the respondent is the applicant's biological father. There is no public policy reason to refuse the declaration.

Court Disposition

Declaration of parentage granted

Orders

  • Declaration of parentage will be made