Stowe Family Law Partner, Gemma Thew and Family Law Executive, Abi Woollaston recently instructed Emma Spruce, Barrister at 4PB in a declaration of parentage case, representing the Applicant.
The declaration of parentage was requested by the client, a 65-year-old male, essentially for his mother. However, the case was unusual in the fact that the applicant’s mother, and her mother (the client’s maternal grandmother) were deceased at the time of the application.
The client requested the declaration of parentage in order to ascertain that his mother had Irish heritage as her father was originally from Ireland. This would assist him not only in understanding his lineage, but in seeking an Irish passport.
The client’s mother had been born out of wedlock in 1916, at such a time where social attitudes were very different. It was understood from evidence from the client’s cousin that the father was not named as he was married to someone else at the time of the birth. Potentially for this reason, the father (the client’s maternal grandfather) did not appear on the birth certificate. The client’s grandparents did eventually marry, but the birth certificate was never amended.
The client was advised that he could apply for the declaration of parentage under Section 55(a) of the Family Law Act 1986 as both his mother, and the maternal grandparents, were domiciled in England and Wales at the times of their deaths. However, obstacles may have arisen as to whether the client had “sufficient personal interest” for the application to be determined, or whether any other party would be disadvantaged by the client being awarded a declaration of parentage.
Evidence was gathered, including a statement from the client’s cousin who confirmed her understanding of the lineage.
The client was granted the declaration of parentage at the First Direction Hearing based on the evidence collated and his representation. As a result, his late mother’s birth certificate was amended, and he has obtained an Irish passport.