8 Dec 2022
Z, a minor suing by his mother and next friend X v. Y
- Citation
- [2022] HKCFI 3695
- Court
- Court of First Instance
- Case number
- HCMP1609/2022
Section 6 PCO does not by its wording provide for a declaration of non-parentage, but the High Court may exercise its inherent parens patriae jurisdiction to grant a declaration of non-parentage where a gap in the statutory scheme exists and where the declaration is necessary and in the minor's best interests; on the facts the presumptions in s5 PCO were rebutted on the balance of probabilities and an order nisi declaring Y is not the father of Z is appropriate.