Re C & A (Children: Acquisition and Discharge of Parental Responsibility by an Unmarried Father)
[2023] EWHC 516 (Fam)
D (Parentage: Local Authority Application), Re
15 February 2024
[2024] EWHC 305 (Fam)
High Court
A local authority wanted a DNA test to find out who the real father of a child was. The court said no, because knowing wasn't necessary to help the child and could harm the family. The authority didn't have a good enough reason to get involved in the family's private matter.
Key Facts
- •JK and PQ, in a relationship, used sperm from PQ's father, RS, mixed with PQ's sperm to conceive a child, D.
- •D was born, and PQ was named father on the birth certificate.
- •Barnsley MBC brought public law proceedings concerning D and his half-sibling, E, due to concerns about JK's actions.
- •D and E are living with PQ under interim orders.
- •Barnsley MBC applied for a DNA test (Family Law Reform Act 1969, s20) to determine D's paternity and a declaration of parentage (Family Law Act 1986, s55A).
- •JK, PQ, RS, and the Children's Guardian opposed the applications.
- •Procedural deficiencies existed in the s55A application.
Legal Principles
Court can order blood tests in civil proceedings where parentage falls to be determined. Court has discretion, but should permit testing unless against child's best interests.
Family Law Reform Act 1969, s20; Re L (Paternity Testing) [2009] EWCA Civ 1239; S v S; W v Official Solicitor [1970] 3 All ER 107
Court must refuse to hear a s55A application for a declaration of parentage unless the applicant has a sufficient personal interest.
Family Law Act 1986, s55A(3)
In determining applications under s55A, the court must consider whether the determination would not be in the best interests of the child.
Family Law Act 1986, s55A(5)
In Children Act 1989 Part IV proceedings, the child's welfare is paramount, and the court must consider the welfare checklist.
Children Act 1989, s1
A supervision order does not confer parental responsibility on the Local Authority.
Children Act 1989, s35
The importance of truth and identity in a child's best interests must be considered. However, other factors may outweigh the right to know.
Re H (a minor) (Blood tests: parental rights) [1996] 4 All ER 28; Re D (Paternity) [2006] 2 FLR 26; J v C [2006] EWHC 2837
Article 8 ECHR – right to respect for private and family life. Interference must be necessary and proportionate.
Article 8, ECHR
Outcomes
Local Authority's s55A application for a declaration of parentage refused.
Local Authority lacked sufficient personal interest in the determination of the application; their interest was primarily in maintaining accurate public records, not a personal stake in the outcome.
Local Authority's s20 application for DNA testing refused.
D's parentage did not fall to be determined in the Children Act 1989 Part IV proceedings; the outstanding issues could be resolved without determining his biological paternity. Even if it did, considering all the factors, the test was not in D's best interests.