NN (XP 47/2020) [2020] SCSC 579 (3 August 2020)

The applicant satisfactorily accounted for the delay in registration and rebutted the presumption of paternity regarding her husband. The court granted leave for late registration upon payment of a fine and allowed the child to be registered under either the applicant's maiden name or the biological father's surname.

Citation: [2020] SCSC 579
Parties: Applicant: NN
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 3 August 2020
Case Number: XP 47/2020
Procedural Posture: Ex Parte Application for Late Birth Registration / Final Order
Outcome: Application granted
Legal Topics: Birth Registration, Presumption of Paternity, Late Registration of Birth
Source Language: English

Civil Procedure Family Law Birth Registration Presumption of Paternity Late Registration of Birth

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 1 Amounts and remedies 1

Parties

Applicant

Procedural Posture

Ex Parte Application for Late Birth Registration / Final Order

Legal Issues

1 Whether the applicant can register the birth of her child outside the statutory period
2 Whether the child can be registered under the biological father's surname instead of the applicant's husband's surname

Ratio Decidendi

Court Disposition

Application granted

Orders

Applicant fined three hundred rupees for late declaration and registration of birth
Upon payment of fine, Chief Officer of Civil Status to allow declaration and registration of birth