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Legal Terms - declaration of parentage
a ruling made by a court under the Family Law Act of 1986 about the parenthood of a designated individual. Generally, an application will only be considered by the court if the applicant has a strong enough stake in the result of the case. Scientific testing is the most reliable method of establishing paternity (e.g. blood tests or, increasingly, more routinely, DNA tests). Although the court can generally order these tests, it cannot force an adult to have them performed without the permission of that adult. But if you refuse, the court might make unfavorable assumptions (such that a specific individual is the child's father). When a kid under the age of sixteen gives agreement or the court determines that a test would be in the child's best interests, a "bodily sample" may be obtained from the youngster. The stance taken by the courts—Re F (A Minor: Paternity test) [1993] 1 FLR 598 (CA); Re H (Paternity: Blood test) [1996] 2 FLR 65 (CA); Re K (Specific issue order) [1999] 2 FLR 280; Re T (Paternity: ordering blood tests) [2001] 2 FLR 1190—is that in most cases the child's best interests will be served by learning the truth. The Child Support Act of 1991 permits a statement of parenthood akin to this one.
a ruling made by a court under the Family Law Act of 1986 about the parenthood of a designated individual. Generally, an application will only be considered by the court if the applicant has a strong enough stake in the result of the case. Scientific testing is the most reliable method of establishing paternity (e.g. blood tests or, increasingly, more routinely, DNA tests). Although the court can generally order these tests, it cannot force an adult to have them performed without the permission of that adult. But if you refuse, the court might make unfavorable assumptions (such that a specific individual is the child's father). When a kid under the age of sixteen gives agreement or the court determines that a test would be in the child's best interests, a "bodily sample" may be obtained from the youngster. The stance taken by the courts—Re F (A Minor: Paternity test) [1993] 1 FLR 598 (CA); Re H (Paternity: Blood test) [1996] 2 FLR 65 (CA); Re K (Specific issue order) [1999] 2 FLR 280; Re T (Paternity: ordering blood tests) [2001] 2 FLR 1190—is that in most cases the child's best interests will be served by learning the truth. The Child Support Act of 1991 permits a statement of parenthood akin to this one.
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