The Family Proceedings (Amendment) Rules 2001

Amendments to the Family Proceedings Rules 1991

11.  For rule 3.13, substitute—

Application under section 55A of Act of 1986(1) for declaration of parentage

3.13— (1) Unless otherwise directed, a petition by which proceedings are begun under section 55A of the Act of 1986 for a declaration of parentage shall state—

(a) the full name and the sex, date and place of birth and residential address of the petitioner (except where the petitioner is the Secretary of State);

(b) where the case is not an excepted case within section 55A(4) of the Act of 1986, either the petitioner’s interest in the determination of the application, or that section 27(2) of the Act of 1991(2) applies;

(c) if they are known, the full name and the sex, date and place of birth and residential address of each of the following persons (unless that person is the petitioner)—

(i) the person whose parentage is in issue;

(ii) the person whose parenthood is in issue; and

(iii) any person who is acknowledged to be the father or mother of the person whose parentage is in issue;

(d) if the petitioner, the person whose parentage is in issue or the person whose parenthood is in issue, is known by a name other than that which appears in the certificate of his birth, that other name shall also be stated in the petition and in any decree made thereon;

(e) if it is known, the full name of the mother, or alleged mother, of the person whose parentage is in issue, at the date of—

(i) her birth;

(ii) her first marriage;

(iii) the birth of the person whose parentage is in issue; and

(iv) her most recent marriage;

if it was at any of those times different from her full name at the date of the presentation of the petition;

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

(g) whether there are or have been any other proceedings in any court, tribunal or authority in England or Wales or elsewhere relating to the parentage of the person whose parentage is in issue or to the parenthood of the person whose parenthood is in issue, and, if so—

(i) particulars of the proceedings, including the court, tribunal or authority before which they were begun, and their nature, outcome or present state;

(ii) the date they were begun;

(iii) the names of the parties; and

(iv) the date or expected date of any trial in the proceedings;

(h) that either the person whose parentage is in issue or the person whose parenthood is in issue—

(i) is domiciled in England and Wales on the date of the presentation of the petition;

(ii) has been habitually resident in England and Wales throughout the period of one year ending with that date; or

(iii) died before that date and either was at death domiciled in England and Wales or had been habitually resident in England and Wales throughout the period of one year ending with the date of death; and

(i) the nationality, citizenship or immigration status of the person whose parentage is in issue and of the person whose parenthood is in issue, and the effect which the granting of a declaration of parentage would have upon the status of each of them as regards his nationality, citizenship or right to be in the United Kingdom.

(2) Unless otherwise directed, there shall be annexed to the petition a copy of the birth certificate of the person whose parentage is in issue.

(3) The respondents to the application shall be—

(i) the person whose parentage is in issue; and

(ii) any person who is, or who is alleged to be, the mother or father of the person whose parentage is in issue;

excluding the petitioner.

(4) The prescribed officer for the purposes of section 55A(7) of the Act of 1986 shall be the family proceedings department manager of the principal registry.

(5) Within 21 days after a declaration of parentage has been made, the prescribed officer shall send to the Registrar General a copy of the declaration in Form M30 and the petition.”.

(1)

1986 c. 55; section 55A was inserted by the Child Support, Pensions and Social Security Act 2000 (c. 19), section 83.

(2)

The Child Support Act 1991, c. 48.