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Re F (children: declaration of parentage)

Case date: 14 December 2011



Introduction
The Court of Appeal, Civil Division, held that whilst a judge had a discretion to defer registration of a declaration of paternity, the judge in the instant case had erred by making orders that had the effect of deferring registration for more than a year.

Details of the case

The applicant was the biological father of twins.

The respondents were the mother and psychological father, and the instant proceedings had concerned the paternity of the twins and whether their paternity should be revealed to them in the face of strong opposition from the respondents.

An order had been made that the twins should be told of their true paternity, but that registration of the declaration of their paternity with the Registrar General of Births, Marriages and Deaths, pursuant to section 55A(7) of the Family Law Act 1986, be deferred.

Since rule 3.13 of the Family Proceedings Rules 1991, SI 1991/1247, which had been relevant at the date of the judge's order, had required notification to be made to the Registrar General within 21 days of the declaration of parentage, the judge deferred registration for a period of four months until the children had been informed.

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