D (Parentage: Local Authority Application), Re
[2024] EWHC 305 (Fam)
ZS v The Estate of NJ
21 February 2024
[2024] EWHC 306 (Fam)
High Court
A woman wants a court to say a dead man was her father. DNA testing suggests it's likely, but the court needs more proof, like from her mother and better DNA evidence. The court will make its decision later.
Key Facts
- •Application under section 55A of the Family Law Act 1986 for a declaration of paternity.
- •Applicant (ZS) seeks declaration that NJ (deceased) is her father.
- •DNA testing conducted, showing a 99.9% probability of paternity, but issues with the report's accuracy and chain of custody.
- •ZS's mother not initially joined as a respondent.
- •NJ's estate's representative (JK) unable to continue due to death of the individual he represented.
- •Concerns about the completeness and sufficiency of evidence presented.
- •Concerns raised about the impact of a declaration on ZS's nationality/citizenship.
Legal Principles
Scientific testing is not always required in parentage declarations.
Boudewijn v Johnson [2022] EWFC 142
The ordinary civil standard (balance of probabilities) applies.
Aylward-Davies v Chesterman [2022] EWFC 4
In parentage applications, both putative father and mother should be respondents.
Aylward-Davies v Chesterman [2022] EWFC 4
Where the putative father is deceased, their estate's representative should be a respondent.
FPR 8.20
Court's power to appoint an administrator under section 116 of the Senior Courts Act 1981.
Senior Courts Act 1981, s. 116
Private hearings under FPR 27.10 don't automatically prevent judgment publication; reporting restrictions orders considered on their merits.
Aylward-Davies v Chesterman and Boudewijn v Johnson
Outcomes
ZS's mother added as a respondent.
Failure to include her was a procedural defect.
JK reappointed as administrator of NJ's estate for the limited purpose of these proceedings.
Special circumstances under section 116 of the Senior Courts Act 1981.
Substantive application adjourned pending further evidence.
Insufficient evidence to meet the balance of probabilities.
Judgment to be published anonymously.
Balancing Article 8 rights of parties with Article 10 rights of the media, pending further submissions.
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