In re C v [1980] JLR 145 (13 June 1980)

In re C v [1980] JLR 145 (13 June 1980)

Sterility, rendering a husband incapable of fathering a child, constitutes 'sexual impotence' under the Legitimacy (Jersey) Law 1973, art. 2(2)(b), and is sufficient to rebut the presumption of legitimacy.

Citation
[1980] JLR 145
Parties
Applicant: C; Respondent: Unknown (husband)
Jurisdiction
Jersey
Judgment Date
13 June 1980
Procedural Posture
Family Law / Judgment
Outcome
presumption rebutted
Legal Topics
Illegitimacy, Presumption of Legitimacy, Sterility, Sexual Impotence
Family Law Illegitimacy Presumption of Legitimacy Sterility Sexual Impotence

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Parties

C

Applicant

Unknown (husband)

Respondent

Procedural Posture

Family Law / Judgment

Legal Issues

  1. 1 Whether the presumption under Legitimacy (Jersey) Law 1973, art. 2, that a husband is the father of a child born or conceived during marriage can be rebutted by proof of sterility (sexual impotence)

Ratio Decidendi

Sterility, rendering a husband incapable of fathering a child, constitutes 'sexual impotence' under the Legitimacy (Jersey) Law 1973, art. 2(2)(b), and is sufficient to rebut the presumption of legitimacy.

Court Disposition

presumption rebutted