ZS v The Estate of NJ
[2024] EWHC 306 (Fam)
Mark Moore (Declaration of Parentage – Adult Applicant), Re
1 August 2024
[2024] EWHC 2572 (Fam)
High Court
A man wanted to prove a dead priest was his father to get Irish citizenship. He presented evidence like family letters and a DNA test showing a close family link. Even though his father and mother were dead, the judge agreed he was the priest's son.
Key Facts
- •Mark Moore applied for a declaration of parentage under section 55A of the Family Law Act 1986.
- •He sought a declaration that Andrew Joseph Moore (Father Andrew) was his biological father.
- •Mr. Moore's mother and putative father are deceased.
- •The application was supported by testimonials and DNA evidence suggesting a familial relationship.
- •Mr. Moore aimed to obtain Irish citizenship using this declaration.
Legal Principles
Declaration of parentage can be made even if the purported parent is deceased.
Section 55A, Family Law Act 1986
Applicant must include particulars of every person whose interest may be affected by the proceedings.
FPR Rule 8.20(2)(6)
Lack of affected individuals doesn't prevent the court from hearing the application.
Judge's interpretation of FPR and the Act
Outcomes
The court granted the declaration of parentage.
The court was satisfied based on the evidence presented (testimonials and DNA evidence), despite the absence of direct respondents due to the death of the relevant individuals.
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X & Anor (Declaration of Parentage), Re
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