Rule 13.15 Proof of identity of the child
Unless the contrary is shown, the child referred to in the application will be deemed to be the child referred to in the form of agreement to the making of the parental order where the conditions in paragraph (2) apply.
The conditions are—
the application identifies the child by reference to a full certified copy of an entry in the registers of live-births;
the form of agreement identifies the child by reference to a full certified copy of an entry in the registers of live-births attached to the form; and
the copy of the entry in the registers of live-births referred to in sub-paragraph (a) is the same or relates to the same entry in the registers of live-births as the copy of the entry in the registers of live-births attached to the form of agreement.
Where the precise date of the child's birth is not proved to the satisfaction of the court, the court will determine the probable date of birth.
The probable date of the child's birth may be specified in the parental order as the date of the child's birth.
Where the child's place of birth cannot be proved to the satisfaction of the court—
the child may be treated as having been born in F1the registration district and sub-district in which the court is sitting where it is probable that the child may have been born in—
the United Kingdom;
the Channel Islands; or
the Isle of Man; or
in any other case, the particulars of the country of birth may be omitted from the parental order.
Annotations
Textual amendments
- F1
Words in rule 13.15(5)(a) substituted (22.4.2014) by The Family Procedure (Amendment No.3) Rules 2013 (S.I. 2013/3204), rules 1, 55 (with rule 137); S.I. 2014/954, art. 2
Notes on Part 13
Textual amendments
- F1
Words in Pt. 13 heading inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 4(2)