Adelaide v Wodicka (CS 97 of 2022) [2023] SCSC 143 (24 February 2023)

Adelaide v Wodicka (CS 97 of 2022) [2023] SCSC 143 (24 February 2023)

The Plaintiff established, on a balance of probabilities, possession of status as the natural child of the Defendant under Articles 373, 376, and 377 of the Civil Code, supported by evidence and the Defendant's admission through his agent.

Citation
[2023] SCSC 143
Parties
Plaintiff: Mathieu Giles Eldrick Adelaide; Defendant: Ludwig Wodicka; Agent for Defendant: Gilbertte Cecile Adelaide
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 February 2023
Case Number
CS 97 of 2022
Procedural Posture
Action En Recherche De Paternité Naturelle / Judgment
Outcome
Plaintiff declared biological child of Defendant; rectification of birth records ordered
Legal Topics
Paternity, Rectification of Birth Records, Possession of Status
Source Language
English
Family Law Paternity Rectification of Birth Records Possession of Status

Case Brief

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Parties

Mathieu Giles Eldrick Adelaide

Plaintiff

Ludwig Wodicka

Defendant

Gilbertte Cecile Adelaide

Agent for Defendant

Procedural Posture

Action En Recherche De Paternité Naturelle / Judgment

Legal Issues

  1. 1 Whether Ludwig Wodicka is the biological father of Mathieu Giles Eldrick Adelaide
  2. 2 Whether the Plaintiff is entitled to rectification of his Act of Birth to reflect the Defendant as his father and to change his surname

Ratio Decidendi

The Plaintiff established, on a balance of probabilities, possession of status as the natural child of the Defendant under Articles 373, 376, and 377 of the Civil Code, supported by evidence and the Defendant's admission through his agent.

Court Disposition

Plaintiff declared biological child of Defendant; rectification of birth records ordered

Orders

  • The Chief Officer of Civil Status is directed to rectify the Plaintiff’s Act of Birth by entering therein the name Ludwig Wodicka as his father’s name, and changing the Plaintiff’s surname from Adelaide to Adelaide-Wodicka.
  • A copy of this judgment is to be served on the Chief Officer of the Civil Status.