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The Family Proceedings Rules 1991

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Application under section 56(1)(b) and (2) of Act of 1986 for declaration of legitimacy or legitimation

3.14—(1) Unless otherwise directed, a petition by which proceedings are begun under section 56(1)(b) and (2) of the Act of 1986 for a declaration of legitimacy or legitimation shall state—

(a)the name 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 date and place of birth of the petitioner;

(c)if it is known, the name of the petitioner’s father and the maiden name of the petitioner’s mother and, if it is different, her current 'name, and the residential address of each of them at the time of the presentation of the petition;

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

(e)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.

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

(3) The petitioner’s father and mother, or the survivor of them, shall be respondents to the application.

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