Pierre v Benoit (CS 109 of 2023) [2024] SCSC 54 (22 May 2024)

The Applicant, as the acknowledger, has sufficient interest to seek rectification of the act of birth under the second limb of section 100, supported by DNA evidence proving he is not the father.

Citation: [2024] SCSC 54
Parties: Applicant: Applicant; Respondent: Respondent
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 22 May 2024
Case Number: CS 109 of 2023
Procedural Posture: Application for Rectification of Birth Certificate / Judgment
Outcome: application granted
Legal Topics: Rectification of Birth Certificate, Paternity, Acknowledgment of Child
Source Language: English

Family Law Civil Status Rectification of Birth Certificate Paternity Acknowledgment of Child

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Parties

Applicant

Respondent

Procedural Posture

Application for Rectification of Birth Certificate / Judgment

Legal Issues

1 Whether the Applicant's name should be removed from the child's birth certificate based on DNA evidence and section 100 of the Civil Status Act

Ratio Decidendi

The Applicant, as the acknowledger, has sufficient interest to seek rectification of the act of birth under the second limb of section 100, supported by DNA evidence proving he is not the father.

Court Disposition

application granted

Orders

Chief Officer of the Civil Status to rectify the act of birth of Drey Nathan Mikael Pierre and remove the Applicant’s name from the child’s birth certificate.
Order to be served on the Chief Officer of the Civil Status.