PEL, by his mother and next friend P AND ANOTHER v. SL

PEL, by his mother and next friend P AND ANOTHER v. SL

The Respondent was given notice and opportunities to comply with orders including a DNA test and an Unless Order; he refused or failed to participate without explanation. Under s15 Parent and Child Ordinance and relevant authority the court properly drew an adverse inference that the Respondent is the father and therefore granted the declaration of parentage and ordered amendment of the birth certificate.

Citation
[2022] HKFC 275
Parties
1st Applicant: PEL; 2nd Applicant: P; Respondent: SL
Court
Family Court
Jurisdiction
Hong Kong
Judgment Date
12 December 2022
Case Number
FCMP121/2021
Procedural Posture
Parentage and Guardianship Application (s6 Parent and Child Ordinance; S10 Guardianship of Minors Ordinance) / Final Decision (ex Tempore)
Outcome
Order made declaring the Respondent the natural father and in law the parent of the 1st Applicant and ordering amendment of the Minor's birth certificate; costs reserved.
Legal Topics
Paternity Testing, Declaration of Parentage, Birth Certificate Amendment, Adverse Inference for Refusal to Test, Service of Process, Unless Order
Source Language
EN
Family Law Parentage Guardianship Child Maintenance Civil Procedure Paternity Testing Declaration of Parentage Birth Certificate Amendment +3 more

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Parties

PEL

1st Applicant

P

2nd Applicant

SL

Respondent

Procedural Posture

Parentage and Guardianship Application (s6 Parent and Child Ordinance; S10 Guardianship of Minors Ordinance) / Final Decision (ex Tempore)

Legal Issues

  1. 1 Whether the court should draw an adverse inference from the Respondent's refusal to submit to DNA testing
  2. 2 Whether to declare the Respondent the natural father and order amendment of the Minor's birth certificate
  3. 3 Whether service and notice were adequate and the Unless Order was engaged

Ratio Decidendi

The Respondent was given notice and opportunities to comply with orders including a DNA test and an Unless Order; he refused or failed to participate without explanation. Under s15 Parent and Child Ordinance and relevant authority the court properly drew an adverse inference that the Respondent is the father and therefore granted the declaration of parentage and ordered amendment of the birth certificate.

Court Disposition

Order made declaring the Respondent the natural father and in law the parent of the 1st Applicant and ordering amendment of the Minor's birth certificate; costs reserved.

Orders

  • Declaration that the Respondent is the natural father and in law the parent of the 1st Applicant
  • Order that the birth certificate of the 1st Applicant be amended