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Child Support, Pensions and Social Security Act (Northern Ireland)

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This is the original version (as it was originally enacted).

Presumption of parentage in child support cases

15.—(1) In Article 27(2) of the Child Support Order (disputes about parentage), before Case A there shall be inserted—

CASE A1

Where—

(a)the child is habitually resident in Northern Ireland;

(b)the Department is satisfied that the alleged parent was married to the child’s mother at some time in the period beginning with the conception and ending with the birth of the child; and

(c)the child has not been adopted.

CASE A2

Where—

(a)the child is habitually resident in Northern Ireland;

(b)the alleged parent has been registered as the father of the child under Article 14 or 18(1)(b)(ii) of the Births and Deaths Registration (Northern Ireland) Order 1976, or under section 10 or 10A of the Births and Deaths Registration Act 1953, or in any register kept under section 13 or 44 of the Registration of Births, Deaths and Marriages (Scotland) Act 1965; and

(c)the child has not subsequently been adopted.

CASE A3

Where the result of a scientific test (within the meaning of Article 27A) taken by the alleged parent would be relevant to determining the child’s parentage, and the alleged parent—

(a)refuses to take such a test; or

(b)has submitted to such a test, and it shows that there is no reasonable doubt that the alleged parent is a parent of the child..

(2) In that provision, after Case B there shall be inserted—

CASE B1

Where the Department is satisfied that the alleged parent is a parent of the child in question by virtue of section 27 or 28 of that Act (meaning of “mother” and of “father” respectively)..

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