for a declaration as to whether or not a person named in the application is or was the parent of another person so named
.(2)A court shall have jurisdiction to entertain an application under subsection (1) above if, and only if, either of the persons named in it for the purposes of that subsection—(a)is domiciled in England and Wales on the date of the application, or(b)has been habitually resident in England and Wales throughout the period of one year ending with that date, or(c)died before that date and either—(i)was at death domiciled in England and Wales, or(ii)had been habitually resident in England and Wales throughout the period of one year ending with the date of death.(3)Except in a case falling within subsection (4) below, the court shall refuse to hear an application under subsection (1) above unless it considers
- Approved Judgment
- The Honourable Mr Justice Cobb:
- Procedural issues
- Ms L: the facts
- Ms M: the facts
- The legal issues discussed
- any person
- for a declaration as to whether or not a person named in the application is or was the parent of another person so named
- that the applicant has a sufficient personal interest in the determination of the application
- Where a declaration is made by a court on an application under subsection (1) above, the prescribed officer of the court shall notify the Registrar General, in such a manner and within such period as may be prescribed, of the making of that declaration
- the court shall make that declaration unless to do so would manifestly be contrary to public policy
- as if born as the child of the adopters or adopter
- as not being the child of any person other than the adopters or adopter
- to extinguish any parental responsibility of the natural parents
- Once an adoption order has been made the adopted child ceases to be the child of his previous parent and becomes the child for all purposes of the adopters as though he were their legitimate child
- fact
- legal
- The legal status of an individual in society should be spelled out accurately and in clear terms and recorded in properly maintained records
- Conclusion