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Relevant Paternity Law Statutes
BIRTHS & DEATHS REGISTRATION ACT 1953
Re–registration after declaration of parentage.
14A
(1) Where, in the case of a person whose birth has been registered in England and Wales—
(a) the Registrar General receives, by virtue of section 55A(7) or
56(4) of the Family Law Act 1986, a notification of the making of a
declaration of parentage in respect of that person; and
(b) it appears to him that the birth of that person should be
re–registered, he shall authorise the re–registration of that person’s
birth, and the re–registration shall be effected in such manner and at
such place as may be prescribed
FAMILY LAW ACT 1986
Declarations of parentage
55A
(1) Subject to the following provisions of this section, any person may
apply to the High Court, a county court or a magistrates’ court for a
declaration as to whether or not a person named in the application is
or was the parent of another person so named.
(2) A court shall have jurisdiction to entertain an application under
subsection (1) above if, and only if, either of the persons named in it
for the purposes of that subsection—
(a) is domiciled in England and Wales on the date of the application, or
(b) has been habitually resident in England and Wales throughout the period of one year ending with that date, or
(c) died before that date and either—
(i) was at death domiciled in England and Wales, or
(ii) had been habitually resident in England and Wales throughout the period of one year ending with the date of death
(3) Except in a case falling within subsection (4) below, the court
shall refuse to hear an application under subsection (1) above unless
it considers that the applicant has a sufficient personal interest in
the determination of the application (but this is subject to section 27
of the Child Support Act 1991).
(4) The excepted cases are where the declaration sought is as to whether or not—
(a) the applicant is the parent of a named person;
(b) a named person is the parent of the applicant; or
(c) a named person is the other parent of a named child of the applicant.
(5) Where an application under subsection (1) above is made and one of
the persons named in it for the purposes of that subsection is a child,
the court may refuse to hear the application if it considers that the
determination of the application would not be in the best interests of
the child.
(6) Where a court refuses to hear an application under subsection (1)
above it may order that the applicant may not apply again for the same
declaration without leave of the court.
(7) Where a declaration is made by a court on an application under
subsection (1) above, the prescribed officer of the court shall notify
the Registrar General, in such a manner and within such period as may
be prescribed, of the making of that declaration
FAMILY LAW REFORM ACT 1969
Power of court to require use of blood tests.
20.
(1) In any civil proceedings in which the parentage of any person
falls to be determined, the court may, either of its own motion or on
an application by any party to the proceedings, give a direction
(a) for the use of scientific tests to ascertain whether such tests
show that a party to the proceedings is or is not the father or mother
of that person; and
(b) for the taking, within a period specified in the direction, of
bodily samples from all or any of the following, namely, that person,
any party who is alleged to be the father or mother of that person and
any other party to the proceedings;
and the court may at any time revoke or vary a direction previously given by it under this subsection.
(1A) Tests required by a direction under this section may only be
carried out by a body which has been accredited for the purposes of
this section by—
(a) the Lord Chancellor, or
(b) a body appointed by him for the purpose.
(2) The individual carrying out scientific tests (“the tester”) in
pursuance of a direction under subsection (1) above shall make to the
court a report in which he shall state—
(a) the results of the tests;
(b) whether any party to whom the report relates is or is not excluded
by the results from being the father or mother of the person whose
parentage is to be determined; and
(c) in relation to any party who is not so excluded, the value, if any,
of the results in determining whether that party is the father or
mother of that person;
and the report shall be received by the court as evidence in the proceedings of the matters stated in it.
(2A) Where the proceedings in which the parentage of any person
falls to be determined are proceedings on an application under section
55A or56 of the Family Law Act 1986, any reference in subsection (1) or
(2) of this section to any party to the proceedings shall include a
reference to any person named in the application.
(3) A report under subsection (2) of this section shall be in the form
prescribed by regulations made under section 22 of this Act.
(4) Where a report has been made to a court under subsection (2) of
this section, any party may, with the leave of the court, or shall, if
the court so directs, obtain from the tester a written statement
explaining or amplifying any statement made in the report, and that
statement shall be deemed for the purposes of this section (except
subsection (3) thereof) to form part of the report made to the court.
(5) Where a direction is given under this section in any proceedings, a
party to the proceedings, unless the court otherwise directs, shall not
be entitled to call as a witness the tester, or any other person by
whom anything necessary for the purpose of enabling those tests to be
carried out was done, unless within fourteen days after receiving a
copy of the report he serves notice on the other parties to the
proceedings, or on such of them as the court may direct, of his
intention to call the tester or that other person]; the tester or] any
such person is called as a witness the party who called him shall be
entitled to cross-examine him.
(6) Where a direction is given under this section the party on whose
application the direction is given shall pay the cost of taking and
testing bodily samples for the purpose of giving effect to the
direction (including any expenses reasonably incurred by any person in
taking any steps required of him for the purpose), and of making a
report to the court under this section, but the amount paid shall be
treated as costs incurred by him in the proceedings.
Consents, etc., required for taking of bodily sample
21.
(1) Subject to the provisions of subsections (3) and (4) of this
section, a bodily sample which is required to be taken from any person
for the purpose of giving effect to a direction under section 20 of
this Act shall not be taken from that person except with his consent.
(2) The consent of a minor who has attained the age of sixteen years to
the taking from himself of a bodily sample shall be as effective as it
would be if he were of full age; and where a minor has by virtue of
this subsection given an effective consent to the taking of a bodily
sample it shall not be necessary to obtain any consent for it from any
other person.
(3) A bodily sample may
be taken from a person under the age of sixteen years, not being such a
person as is referred to in subsection (4) of this section,.
(a) if the person who has the care and control of him consents; or
(b) where that person does not consent, if the court considers that it
would be in his best interests for the sample to be taken.
(4) A bodily sample may be taken from a person who is suffering from
mental disorder within the meaning of the Mental Health Act 1983 and is
incapable of understanding the nature and purpose of scientific tests
if the person who has the care and control of him consents and the
medical practitioner in whose care he is has certified that the taking
of a bodily sample from him will not be prejudicial to his proper care
and treatment.
(5) The foregoing provisions of this section are without prejudice to the provisions of section 23 of this Act.
Failure to comply with direction for taking scientific tests
23.
(1) Where a court gives a
direction under section 20 of this Act and any person fails to take any
step required of him for the purpose of giving effect to the direction,
the court may draw such inferences, if any, from that fact as appear
proper in the circumstances.
(2) Where in any proceedings in which the parentage of any person falls
to be determined by the court hearing the proceedings there is a
presumption of law that that person is legitimate, then if
(a) a direction is given under section 20 of this Act in those proceedings, and
(b) any
party who is claiming any relief in the proceedings and who for the
purpose of obtaining that relief is entitled to rely on the presumption
fails to take any step required of him for the purpose of giving effect
to the direction,
the court may adjourn the hearing for such period as it thinks fit to
enable that party to take that step, and if at the end of that period
he has failed without reasonable cause to take it the court may,
without prejudice to subsection
(1) of this section, dismiss his claim for relief notwithstanding the absence of evidence to rebut the presumption.
(3) Where any person named in a direction under section 20 of this Act
fails to consent to the taking of a bodily sample from himself or from
any person named in the direction of whom he has the care and control,
he shall be deemed for the purposes of this section to have failed to
take a step required of him for the purpose of giving effect to the
direction.
CHILD SUPPORT ACT 1991
Applications for declaration of parentage under Family Law Act 1986
27.
(1) This section applies where –
(a) an application for a maintenance calculation has been made (or is
treated as having been made), or a maintenance calculation is in force,
with respect to a person (“the alleged parent”) who denies that he is a
parent of a child with respect to whom the application or calculation
was made or treated as made;
(b) the Secretary of State is not satisfied that the case falls within one of those set out in section 26(2); and
(c) the Secretary of State or the person with care makes an application
for a declaration under section 55A of the Family Law Act 1986 as to
whether or not the alleged parent is one of the child’s parents.
(2) Where this section applies –
(a) if it is the person with care who makes the application, she shall
be treated as having a sufficient personal interest for the purposes of
subsection (3) of that section; and
(b) if it is the Secretary of State who makes the application, that subsection shall not apply.
(3) This section does not apply to Scotland.
HUMAN TISSUE ACT 2004
“Appropriate consent”: children
2.(1) This section makes provision for the interpretation of “appropriate consent” in section 1 in relation to an activity involving the body, or material from the body, of a person who is a child or has died a child (“the child concerned”).
(2) Subject to subsection (3), where the child concerned is alive, “appropriate consent” means his consent.
(3) Where—
(a) The child concerned is alive,
(b) neither a decision of his to consent to the activity, nor a decision of his not to consent to it, is in force, and
(c) either he is not competent to deal with the issue of consent in relation to the activity or, though he is competent to deal with that issue, he fails to do so,
“appropriate consent” means the consent of a person who has parental responsibility for him.
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