Children and Family Relationships Act 2015

22.

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

22. (1) The persons specified in subsection (2) may apply to the Circuit Court for a declaration under this section that a person named in the application (in this section referred to as a “relevant person”) 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 child,

(b) the mother of the child, or

(c) the relevant person.

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

(4) Subsections (5) to (8) of section 21 apply, with all necessary modifications, to an application under this section as they apply to an application under that section.

(5) An application under this section shall be accompanied by evidence that—

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

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

(6) Subject to subsection (7), where on an application under this section it is proved on the balance of probabilities that—

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

(b) the relevant person was, at the time referred to in section 20(1)(c) , an intending parent of the child concerned,

the Circuit Court shall make a declaration that the relevant person is a parent of the child.

(7) The Circuit Court shall not make a declaration under subsection (6) where it is satisfied that to do so—

(a) would not be in the best interests of the child concerned, where the child has not attained the age of 18 years, or

(b) would be contrary to the interests of justice.

(8) 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.