STATUS OF CHILDREN ACT 1987

Declaration of parentage.

35

35. F5 [ (1) A person specified in subsection (1A) of this section may apply to the Court for a declaration under this section that

(a) a person named in the application is or is not the mother,

(b) a person named in the application is or is not the father or second parent, or

(c) 2 persons named in the application are or are not the parents,

of a person (other than a person who is an adopted person) named in the application (in this section referred to as the person concerned ). ]

F6 [ (1A) An application for a declaration under this section may be made, in relation to a person concerned, by

(a) the person concerned,

(b) any person seeking a declaration that he or she is the mother, father or second parent of the person concerned, or

(c) any person seeking a declaration that he or she is not the mother, father or second parent of the person concerned.

(1B) Where an application for a declaration under this section is made by a person referred to in paragraph (b) or (c) of subsection (1A) of this section in relation to a person concerned, the person concerned shall be joined as a party to the proceedings. ]

(2) An application may be made under subsection (1) of this section notwithstanding the fact that any person named in the application as the father or the mother or a parent, as the case may be, is not, or may not be, alive.

(3) Where a person not born in the State makes an application for a declaration by virtue of subsection (1)(b) of this section, he shall specify in the application the reasons for seeking the declaration from the Court, and the Court shall refuse to hear or refuse to continue hearing, as the case may be, the application if at any stage it considers that there are no good and proper reasons for seeking the declaration.

(4) F7 [ ]

(5) On an application under this section the Court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.

(6) Where on an application under this section the Attorney General requests to be made a party to the proceedings, the Court shall order that he shall be added as a party, and, whether or not he so requests, the Attorney General may argue before the Court any question in relation to the application which the Court considers necessary to have fully argued and take such other steps in relation thereto as he thinks necessary or expedient.

(7) The Court may direct that notice of any application under this section shall be given in the prescribed manner to such other persons as the Court thinks fit and where notice is so given to any person the Court may, either of its own motion or on the application of that person or any party to the proceedings, order that that person shall be added as a party to those proceedings.

F8 [ (8) Where on an application under subsection (1) of this section it is proved on the balance of probabilities that

(a) a person named in the application is or is not the mother,

(b) a person so named is or is not the father or second parent, or

(c) persons so named are or are not the parents,

of the person concerned, the Court shall make the declaration accordingly. ]

(9) Any declaration made under this section shall be in a form to be prescribed and shall be binding on the parties to the proceedings and any person claiming through a party to the proceedings, and where the Attorney General is made a party to the proceedings the declaration shall also be binding on the State.

Annotations:

Amendments:

F5

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 80(a), S.I. No. 12 of 2016, other than in so far as subs. (1)(b) relates to a second parent.

F6

Inserted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 80(b), S.I. No. 12 of 2016, other than in so far as subss. (1A), (1B) relate to a second parent.

F7

Deleted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 80(d), S.I. No. 12 of 2016.

F8

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 80(e), S.I. No. 12 of 2016, other than in so far as subs. (8) relates to a second parent.

Editorial Notes:

E8

Note that certain amendments commenced only in part, see F-notes above.