Section 27 Applications for declaration of parentage under Family Law Act 1986.F1

England and Wales

(1)

This section applies where—

(a)

an application for a maintenance calculation has been made F2... , or a maintenance calculation is in force, with respect to a person (“the alleged parent”) who denies that he is a parent of a child with respect to whom the application or calculation was made ... ;

(b)

the F3Secretary of State is not satisfied that the case falls within one of those set out in section 26(2); and

(c)

the Secretary of State or the person with care makes an application for a declaration under section 55A of the Family Law Act 1986 as to whether or not the alleged parent is one of the child’s parents.

(2)

Where this section applies—

(a)

if it is the person with care who makes the application, she shall be treated as having a sufficient personal interest for the purposes of subsection (3) of that section; and

(b)

if it is the F4Secretary of State who makes the application, that subsection shall not apply.

(3)

This section does not apply to Scotland.

Annotations

Textual amendments

F1: S. 27 substituted (1.4.2001) by Child Support, Pensions and Social Security Act 2000 (c. 19), s. 86(1)(d)(2), Sch. 8 para. 13 (with s. 83(6)); S.I. 2001/774, art. 2
F2: Words in s. 27(1)(a) repealed (27.10.2008) by Child Maintenance and Other Payments Act 2008 (c. 6), s. 62(3), Sch. 8; S.I. 2008/2548, art. 3(d)(i)
F3: Words in s. 27(1)(b)(c) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 17
F4: Words in s. 27(2)(b) substituted (1.8.2012) by The Public Bodies (Child Maintenance and Enforcement Commission: Abolition and Transfer of Functions) Order 2012 (S.I. 2012/2007), art. 1(2), Sch. para. 17

Notes on the whole Act

Textual amendments

F1: Word in Act substituted (3.3.2003 for specified purposes) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 1(2)(b), 86(1)(a)(2) (with ss. 28, 83(6)); S.I. 2003/192, art. 3, Sch.