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 M2Child 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.