(Family Court, Cobb J, 6 May 2022)
Adoption – Adult adoptees – Declaration of parentage of biological parent in later life - Whether an adult person adopted as a child can subsequently obtain a declaration of parentage in relation to identity of biological father – Whether such a declaration is appropriate – Whether rectification of applicants’ original birth certificate possible, and compatible with adoption legislation.
Cobb J made the declaration of parentage in both applicants’ cases.
For comprehensive, judicially approved coverage of every important Family Division, Court of Appeal, Supreme Court and European courts case, subscribe to Family Law Reports.
Subscribers can log in here.
Find out more or request a free 1-week trial of the Family Law Reports. Please quote: 100482.
Neutral Citation Number: [2022] EWFC 38
Case No: NE21P00484 & NE21P07404
IN THE FAMILY COURT SITTING AT NEWCASTLE-UPON-TYNE IN THE
MATTER OF SECTION 55A FAMILY LAW ACT 1986
Sitting remotely as if from Royal Courts of Justice Strand, London, WC2A 2LL
Date: 06/05/2022
Before:
THE HONOURABLE MR JUSTICE COBB
- - - - - - - - - - - - - - - - - - - - -
In the matter of:
Ms L Applicant
And in the matter of:
Ms M Applicant
- - - - - - - - - - - - - - - - - - - - -
Re Ms L; Re Ms M (Declaration of Parentage)
- - - - - - - - - - - - - - - - - - - - -
In the matter of Ms L
Deirdre Fottrell QC & Olivia Magennis (instructed by Goodman Ray) for Ms L, Applicant Ms T (Executrix of the Estate of Mr D, deceased), Respondent, was neither present nor represented
Simon Murray (instructed by the Government Legal Department) for the Attorney General as Advocate to the Court
In the matter of Ms M
Deirdre Fottrell QC & Olivia Magennis (instructed by Goodman Ray) for Ms M, Applicant
Simon Murray (instructed by the Government Legal Department) for the Attorney General as Advocate to the Court
Hearing dates: 28 March 2022
- - - - - - - - - - - - - - - - - - - - -
I direct that no official shorthand note shall be taken of this Judgment and that copies of this version as handed down may be treated as authentic.
.............................
THE HONOURABLE MR JUSTICE COBB
This judgment was delivered in private. The judge has given leave for this version of the judgment to be published on condition that (irrespective of what is contained in the judgment) in any published version of the judgment the anonymity of the children and members of their family must be strictly preserved. All persons, including representatives of the media, must ensure that this condition is strictly complied with. Failure to do so will be a contempt of court.
Judgment: Re L and anor (Declaration of Parentage) [2022] EWFC 38