Children and Family Relationships Act 2015

21.

Declaration by District Court of parentage of child to whom section 20 applies

21. (1) The persons specified in subsection (2) may jointly apply to the District Court in such manner as may be prescribed by rules of court for a declaration under this section that the person referred to in subsection (2)(b) is the parent of a child to whom section 20 applies.

(2) An application for a declaration under this section may be made, in relation to a child to whom section 20 applies, by—

(a) the mother of the child, and

(b) the person, referred to in section 20(1)(c) , who was an intending parent of the child.

(3) The child to whom an application for a declaration under this section relates shall be joined as a party to the proceedings.

(4) An application under this section shall be grounded on an affidavit sworn by each applicant, stating that—

(a) the child to whom the application relates is a child to whom section 20 applies,

(b) the applicant referred to in subsection (2)(b) was, at the time referred to in section 20(1)(c) , the intending parent of the child, and

(c) he or she consents to the making of a declaration under this section.

(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 or she shall be added as a party, and, whether or not he or she 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 or she thinks necessary or expedient.

(7) The Court may direct that notice of any application under this section shall be given 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.

(8) In deciding whether or not to make a declaration under this section the Court shall, to the extent possible given his or her age or understanding, give the child the opportunity to make his or her views on the matter known, and shall have regard to those views.

(9) Where on an application under this section, the Court is satisfied that—

(a) the child is a child to whom section 20 applies, and

(b) where the child has not attained the age of 18 years, it is in the best interests of the child to make the declaration,

it shall make a declaration that the applicant referred to in subsection (2)(b) is a parent of the child.

(10) Any declaration made under this section 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:

Editorial Notes:

E6

Power pursuant to section exercised (18.01.2016) by District Court (Children and Family Relationships Act 2015) Rules 2016 (S.I. No. 17 of 2016), in effect as per rule 1(1).