Child Support Act 1995

20 Disputed parentage

(1) Section 27 of the 1991 Act (reference to court for declaration of parentage) is amended as set out in subsections (2) to (4).

(2) For subsection (1) substitute—

“(1) Subsection (1A) applies in any case where—

(a) an application for a maintenance assessment has been made, or a maintenance assessment 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 assessment was made; and

(b) a child support officer to whom the case is referred is not satisfied that the case falls within one of those set out in section 26(2).

(1A) In any case where this subsection applies, the Secretary of State or the person with care may apply to the court for a declaration as to whether or not the alleged parent is one of the child’s parents.”

(3) In subsection (2), for “(1)” substitute “(1A)”.

(4) For subsection (3), substitute—

“(3) A declaration under this section shall have effect only for the purposes of—

(a) this Act; and

(b) proceedings in which a court is considering whether to make a maintenance order in the circumstances mentioned in subsection (6), (7) or (8) of section 8.”

(5) Section 28 of the 1991 Act (power of Secretary of State to initiate or defend actions of declarator) is amended as set out in subsections (6) and (7).

(6) For subsection (1) substitute—

“(1) Subsection (1A) applies in any case where—

(a) an application for a maintenance assessment has been made, or a maintenance assessment 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 assessment was made; and

(b) a child support officer to whom the case is referred is not satisfied that the case falls within one of those set out in section 26(2).

(1A) In any case where this subsection applies, the Secretary of State may bring an action for declarator of parentage under section 7 of the [1986 c. 9.] Law Reform (Parent and Child) (Scotland) Act 1986.”

(7) In subsection (2), at the end insert “or in a maintenance assessment which is in force”.