Search Legislation

Advanced Search

Child Support Act 1991

Changes to legislation:

Child Support Act 1991, Section 26 is up to date with all changes known to be in force on or before 05 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 26:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

26 Disputes about parentage.E+W+S

(1)Where a person who is alleged to be a parent of the child with respect to whom an application for a [F1maintenance calculation] has been made F2... (“the alleged parent”) denies that he is one of the child’s parents, [F3the [F4Secretary of State]] shall not make a [F1maintenance calculation] on the assumption that the alleged parent is one of the child’s parents unless the case falls within one of those set out in subsection (2).

(2)The Cases are —

  • [F5Case A1

    Where—

    (a)

    the child is habitually resident in England and Wales;

    (b)

    [F6the Secretary of State is satisfied that the alleged parent is a man who was married to, or the civil partner of, the child’s mother at some time in the period beginning with the conception and ending with the birth of the child;] and

    (c)

    the child has not been adopted.

  • Case A2

    Where—

    (a)

    the child is habitually resident in England and Wales;

    (b)

    the alleged parent has been registered as father of the child under section 10 or 10A of the Births and Deaths Registration Act 1953, or in any register kept under section 13 (register of births and still-births) or section 44 (Register of Corrections Etc) of the Registration of Births, Deaths and Marriages (Scotland) Act 1965, or under Article 14 or 18(1)(b)(ii) of the Births and Deaths Registration (Northern Ireland) Order 1976; and

    (c)

    the child has not subsequently been adopted.

  • Case A3

    Where the result of a scientific test (within the meaning of section 27A) taken by the alleged parent would be relevant to determining the child’s parentage, and the alleged parent—

    (a)

    refuses to take such a test; or

    (b)

    has submitted to such a test, and it shows that there is no reasonable doubt that the alleged parent is a parent of the child.]

  • Case A

    Where the alleged parent is a parent of the child in question by virtue of having adopted him.

  • [F7Case B

    Where the alleged parent is a parent of the child in question by virtue of an order under section 30 of the Human Fertilisation and Embryology Act 1990 or section 54 [F8or 54A] of the Human Fertilisation and Embryology Act 2008 (parental orders).]

  • [F7Case B1

    Where the Secretary of State is satisfied that the alleged parent is a parent of the child in question by virtue of section 27 or 28 of the Human Fertilisation and Embryology Act 1990 or any of sections 33 to 46 of the Human Fertilisation and Embryology Act 2008 (which relate to children resulting from assisted reproduction).]

  • Case C

    Where—

    (a)

    either—

    (i)

    a declaration that the alleged parent is a parent of the child in question (or a declaration which has that effect) is in force under section [F955A or] 56 of the M1Family Law Act 1986 [F10or Article 32 of the Matrimonial and Family Proceedings (Northern Ireland) Order 1989] (declarations of parentage); or

    (ii)

    a declarator by a court in Scotland that the alleged parent is a parent of the child in question (or a declarator which has that effect) is in force; and

    (b)

    the child has not subsequently been adopted.

  • Case D

    F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • Case E

    Where—

    (a)

    the child is habitually resident in Scotland;

    (b)

    [F12the [F4Secretary of State]] is satisfied that one or other of the presumptions set out in section 5(1) of the M2Law Reform (Parent and Child) (Scotland) Act 1986 applies; and

    (c)

    the child has not subsequently been adopted.

  • Case F

    Where—

    (a)

    the alleged parent has been found, or adjudged, to be the father of the child in question—

    (i)

    in proceedings before any court in England and Wales which are relevant proceedings for the purposes of section 12 of the M3Civil Evidence Act 1968 [F13or in proceedings before any court in Northern Ireland which are relevant proceedings for the purposes of section 8 of the Civil Evidence Act (Northern Ireland) 1971]; or

    (ii)

    in affiliation proceedings before any court in the United Kingdom,

    (whether or not he offered any defence to the allegation of paternity) and that finding or adjudication still subsists; and

    (b)

    the child has not subsequently been adopted.

(3)In this section—

  • “adopted” means adopted within the meaning of Part IV of the M4Adoption Act 1976 [F14or Chapter 4 of Part 1 of the Adoption and Children Act 2002] or, in relation to Scotland, Part IV of the M5Adoption (Scotland) Act 1978 [F15or Chapter 3 of Part 1 of the Adoption and Children (Scotland) Act 2007 (asp 4)]; and

  • “affiliation proceedings”, in relation to Scotland, means any action of affiliation and aliment.

Textual Amendments

F7Words in s. 26(2) substituted (6.4.2009 for specified purposes, 6.4.2010 in so far as not already in force) by Human Fertilisation and Embryology Act 2008 (c. 22), s. 68(2), Sch. 6 para. 36; S.I. 2009/479, art. 6(1)(d) (with art. 7, Sch.); S.I. 2010/987, art. 2(g)

F14Words in s. 26(3) inserted (30.12.2005) by Adoption and Children Act 2002 (c. 38), s. 148(1), Sch. 3 para. 81 (with Sch. 4 paras. 6-8); S.I. 2005/2213, art. 2(o) (as amended (15.10.2005) by S.I. 2005/2897, art. 14(3))

F15Words in s. 26(3) inserted (S.) (28.9.2009) by Adoption and Children (Scotland) Act 2007 (asp 4), s. 121(2), Sch. 2 para. 7; S.S.I. 2009/267, arts. 1(2), 2 (with arts. 3-21) (as amended (7.5.2012) by S.S.I. 2012/99, art. 2)

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: