Explanatory Memorandum

Family Law Act (Northern Ireland) 2001

2001 CHAPTER 12

17 July 2001

Commentary on Sections

Section 2: Presumption of parentage

This section provides that a man shall presumed to be the father of a child in certain circumstances: namely if (a) he is married to the child’s mother; or (b) he has been registered as the child’s father in the Register of Births in any place in the United Kingdom. In other circumstances a court may have made an order on the basis that a man is the father of a child. In those circumstances the existence of a court order would constitute evidence of paternity. The presumption that a man is the father of his wife’s children already exists at common law and (a) above simply puts this in statutory form.