Family Law Hub

Paternity

Latest updates

  • Application by biological father of the child for a declaration of parentage under Section 55A of the Family Law Act 1986 after the psychological mother (who had no genetic or gestational connection with the child) unlawfully removed the child to Bulgaria. The application was successful. Judgment, 10/12/2018, free
  • The applicant's application for a declaration of parentage was refused on the grounds that his conduct in making and pursuing this application was manifestly abusive. Judgment, 03/07/2018, free
  • In brief: After divorcing his wife in 2006, Mr Doktorov discovered that one of their two children (born in 2003) was not biologically his. A DNA test in January 2007 confirmed this and, the following month, he brought a civil claim to contest paternity. However, his claim was dismissed as time-barred. Relying on Article 8, Mr Doktorov complained that he had been unable to bring his claim because the one-year time-limit started running from the time he learnt about the child’s birth. However, he had only learned that he was not the child’s father until four years later. The ECtHR agreed that there had been a violation of his Article 8 rights. Judgment, 15/05/2018, free
  • In a tweet: Inherent jurisdiction extends to direct DNA test to establish paternity in inheritance dispute Judgment, 11/04/2018, free
  • Application for declaration of paternity. Application allowed. Judgment, 15/02/2018, free

Latest know-how

  • In a tweet: Inherent jurisdiction extends to direct DNA test to establish paternity in inheritance dispute Case note, 11/04/2018, members only
  • In a tweet: DNA testing resolves Scottish baronetcy succession dispute Case note, 21/09/2016, members only
  • The claimant was seeking damages in deceit against the defendant after the claimant claimed that a child born during their marriage was not his child. Case note, 23/07/2015, members only
  • The biological father of the child, who had 2 mothers, was seeking contact. Case note, 11/03/2014, free
  • Proceedings concerning the legal parentage of a child where Ms M claimed that he had been conceived through sexual intercourse and Mr F, a sperm donor who Ms M met via the internet and who was the biological father of the child, said conception was as a result of artificial insemination. If conception was through sexual intercourse, Mr F would be the legal parent but if it was the result of artificial insemination the question of parentage would depend on the effect of the Human Fertilisation and Embryology Act 2008. Case note, 20/08/2013, members only

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