Part V

Miscellaneous and supplemental

Miscellaneous

Declarations of status
83
1
Part III of the Family Law Act 1986 (declarations of status) shall be amended as follows.
2
After section 55 there shall be inserted—

Declarations of parentage
55A
1
Subject to the following provisions of this section, any person may apply to the High Court, a county court or a magistrates' court for a declaration as to whether or not a person named in the application is or was the parent of another person so named.
2
A court shall have jurisdiction to entertain an application under subsection (1) above if, and only if, either of the persons named in it for the purposes of that subsection—
a
is domiciled in England and Wales on the date of the application, or
b
has been habitually resident in England and Wales throughout the period of one year ending with that date, or
c
died before that date and either—
i
was at death domiciled in England and Wales, or
ii
had been habitually resident in England and Wales throughout the period of one year ending with the date of death.
3
Except in a case falling within subsection (4) below, the court shall refuse to hear an application under subsection (1) above unless it considers that the applicant has a sufficient personal interest in the determination of the application (but this is subject to section 27 of the Child Support Act 1991).
4
The excepted cases are where the declaration sought is as to whether or not—
a
the applicant is the parent of a named person;
b
a named person is the parent of the applicant; or
c
a named person is the other parent of a named child of the applicant.
5
Where an application under subsection (1) above is made and one of the persons named in it for the purposes of that subsection is a child, the court may refuse to hear the application if it considers that the determination of the application would not be in the best interests of the child.
6
Where a court refuses to hear an application under subsection (1) above it may order that the applicant may not apply again for the same declaration without leave of the court.
7
Where a declaration is made by a court on an application under subsection (1) above, the prescribed officer of the court shall notify the Registrar General, in such a manner and within such period as may be prescribed, of the making of that declaration.
3
Section 58(5)(b) (prohibition of declarations of illegitimacy) shall be omitted.
4
After section 60(4) there shall be inserted—
5
An appeal shall lie to the High Court against—
a
the making by a magistrates' court of a declaration under section 55A above,
b
any refusal by a magistrates' court to make such a declaration, or
c
any order under subsection (6) of that section made on such a refusal.
5
Schedule 8 (which makes amendments consequential on subsection (1)) shall have effect.
6
Nothing in this Act shall affect any proceedings pursuant to an application under—
a
section 56(1)(a) of the Family Law Act 1986, or
b
section 27 of the Child Support Act 1991,
which are pending immediately before the commencement of this section.
1986 c. 55.
1991 c. 48.
1986 c. 55.
1991 c. 48.