Child Support, Pensions and Social Security Act 2000

83 Declarations of status. E+W+S

(1) Part III of the M1 Family Law Act 1986 (declarations of status) shall be amended as follows.

(2) After section 55 there shall be inserted—

“55A Declarations of parentage.

(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 M2 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.”

(3) Section 58(5)(b) (prohibition of declarations of illegitimacy) shall be omitted.

(4) After section 60(4) there shall be inserted—

“(5) An appeal shall lie to the High Court against—

(a) the making by a magistrates’ court of a declaration under section 55A above,

(b) any refusal by a magistrates’ court to make such a declaration, or

(c) any order under subsection (6) of that section made on such a refusal.”

(5) Schedule 8 (which makes amendments consequential on subsection (1)) shall have effect.

(6) Nothing in this Act shall affect any proceedings pursuant to an application under—

(a) section 56(1)(a) of the M3 Family Law Act 1986, or

(b) section 27 of the M4 Child Support Act 1991,

which are pending immediately before the commencement of this section.

Marginal Citations

M1 1986 c. 55.

M2 1991 c. 48.

M3 1986 c. 55.

M4 1991 c. 48.