Children and Family Relationships Act 2015
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Declaration by Circuit Court of parentage of child to whom section 20 applies | ||
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22. (1) The persons specified in subsection (2) may apply to the Circuit Court for a declaration under this section that a person named in the application (in this section referred to as a “relevant person”) is the parent of a child to whom section 20 applies. | ||
(2) An application for a declaration under this section may be made, in relation to a child to whom section 20 applies, by— | ||
(a) the child, | ||
(b) the mother of the child, or | ||
(c) the relevant person. | ||
(3) The child to whom an application for a declaration under this section relates shall be joined as a party to the proceedings. | ||
(4) Subsections (5) to (8) of section 21 apply, with all necessary modifications, to an application under this section as they apply to an application under that section. | ||
(5) An application under this section shall be accompanied by evidence that— | ||
(a) the child concerned is a child to whom section 20 applies, and | ||
(b) the relevant person was, at the time referred to in section 20 (1)(c), an intending parent of the child concerned. | ||
(6) Subject to subsection (7), where on an application under this section it is proved on the balance of probabilities that— | ||
(a) the child concerned is a child to whom section 20 applies, and | ||
(b) the relevant person was, at the time referred to in section 20 (1)(c), an intending parent of the child concerned, | ||
the Circuit Court shall make a declaration that the relevant person is a parent of the child. | ||
(7) The Circuit Court shall not make a declaration under subsection (6) where it is satisfied that to do so— | ||
(a) would not be in the best interests of the child concerned, where the child has not attained the age of 18 years, or | ||
(b) would be contrary to the interests of justice. | ||
(8) Any declaration made under this section shall be binding on the parties to the proceedings and any person claiming through a party to the proceedings, and where the Attorney General is made a party to the proceedings the declaration shall also be binding on the State. |