that the applicant has a sufficient personal interest in the determination of the application
(…).(4)The excepted cases are where the declaration sought is as to whether or not—a)the applicant is the parent of a named person;b)a named person is the parent of the applicant; orc)a named person is the other parent of a named child of the applicant.(5)Where an application under subsection (1) above is made and one of the persons named in it for the purposes of that subsection is a child, the court may refuse to hear the application if it considers that the determination of the application would not be in the best interests of the child.(6)Where a court refuses to hear an application under subsection (1) above it may order that the applicant may not apply again for the same declaration without leave of the court.(7)
- 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