Family Law Hub

Paternity

Latest updates

  • The applicant's application for a declaration of parentage was refused on the grounds that his conduct in making and pursuing this application was manifestly abusive. Judgment, 03/07/2018, free
  • In brief: After divorcing his wife in 2006, Mr Doktorov discovered that one of their two children (born in 2003) was not biologically his. A DNA test in January 2007 confirmed this and, the following month, he brought a civil claim to contest paternity. However, his claim was dismissed as time-barred. Relying on Article 8, Mr Doktorov complained that he had been unable to bring his claim because the one-year time-limit started running from the time he learnt about the child’s birth. However, he had only learned that he was not the child’s father until four years later. The ECtHR agreed that there had been a violation of his Article 8 rights. Judgment, 15/05/2018, free
  • In a tweet: Inherent jurisdiction extends to direct DNA test to establish paternity in inheritance dispute Judgment, 11/04/2018, free
  • Application for declaration of paternity. Application allowed. Judgment, 15/02/2018, free
  • Appeal against an order made under the inherent jurisdiction of the High Court which directed that DNA extracted from a sample provided by the deceased should be tested against a bodily sample to be taken from the Respondent in order to establish whether the deceased was or was not the Respondent's biological father. Appeal dismissed. Judgment, 08/02/2018, free

Latest know-how

  • In a tweet: Inherent jurisdiction extends to direct DNA test to establish paternity in inheritance dispute Case note, 11/04/2018, members only
  • In a tweet: DNA testing resolves Scottish baronetcy succession dispute Case note, 21/09/2016, members only
  • The claimant was seeking damages in deceit against the defendant after the claimant claimed that a child born during their marriage was not his child. Case note, 23/07/2015, members only
  • The biological father of the child, who had 2 mothers, was seeking contact. Case note, 11/03/2014, free
  • Proceedings concerning the legal parentage of a child where Ms M claimed that he had been conceived through sexual intercourse and Mr F, a sperm donor who Ms M met via the internet and who was the biological father of the child, said conception was as a result of artificial insemination. If conception was through sexual intercourse, Mr F would be the legal parent but if it was the result of artificial insemination the question of parentage would depend on the effect of the Human Fertilisation and Embryology Act 2008. Case note, 20/08/2013, members only

Copyright 

Copyright in the original legal material published on the Family Law Hub is vested in Mills & Reeve LLP (as per date of publication shown on screen) unless indicated otherwise.

Disclaimer

The Family Law Hub website relates to the legal position in England Wales and all of the material within it has been prepared with the aim of providing key information only and does not constitute legal advice in relation to any particular situation. While Mills & Reeve LLP aims to ensure that the information is correct at the date on which it is added to the website, the legal position can change frequently, and content will not always be updated following any relevant changes. You therefore acknowledge and agree that Mills & Reeve LLP and its members and employees accept no liability whatsoever in contract, tort or otherwise for any loss or damage caused by or arising directly or indirectly in connection with any use or reliance on the contents of our website except to the extent that such liability cannot be excluded by law.

Bookmark this item