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The Family Proceedings Rules 1991

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Application under section 56(1)(a) of Act of 1986 (1) for declaration of parentage

3.13—(1) Unless otherwise directed, a petition by which proceedings are begun under section 56(1)(a) of the Act of 1986 for a declaration of parentage shall state—

(a)the name (including forenames and surname) of the petitioner, and if the petitioner is known by a name other than that which appears in the certificate of his birth, that other name shall be stated in the petition and in any decree made thereon;

(b)the sex of the petitioner;

(c)the date and place of birth of the petitioner;

(d)if it is known, the name (including forenames and surname) of the father of the petitioner, his place and date of birth, residential address and occupation;

(e)if they are known, the place and date of birth, the residential address and occupation of the mother of the petitioner and her names (including forenames and surname) at the following times—

(i)at the date of her birth;

(ii)if it is different, at the date of her first marriage;

(iii)if it is different, at the date of birth of the petitioner;

(iv)if it is different, at the date of her most recent marriage;

(v)if it is different, at the time of the presentation of the petition;

(f)the grounds on which the petitioner relies and all other material facts alleged by him to justify the making of the declaration;

(g)whether there are or have been any other proceedings in any court, tribunal or authority in England and Wales or elsewhere relating to the parentage of the petitioner, and, if so—

(i)particulars of the proceedings, including the court, tribunal or authority before which they were begun, and their nature, outcome or present state,

(ii)the date they were begun,

(iii)the names of the parties, and

(iv)the date or expected date of any trial in the proceedings;

(h)either that the petitioner is domiciled in England and Wales on the date of the presentation of the petition or that he has been habitually resident in England and Wales throughout the period of one year ending with that date; and

(i)the nationality, citizenship or immigration status of the petitioner and any person named in the petition as his parent, and the effect which the granting of a declaration of parentage would have upon the petitioner’s status as regards his nationality, citizenship or right to be in the United Kingdom.

(2) Unless otherwise directed, there shall be annexed to the petition a copy of the petitioner’s birth certificate.

(3) The petitioner’s parents shall both, if alive, be respondents to the application.

(4) The prescribed officer for the purposes of section 56(4) of the Act of 1986 shall be the chief clerk of the family proceedings department of the principal registry.

(5) Within 21 days after a declaration of parentage has been made the prescribed officer shall send to the Registrar General a copy of the declaration in the form prescribed in Form M26 and the petition.

(1)

Section 56(1)(a) was substituted by section 22 of the Family Law Reform Act 1987 (c. 42).

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