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GLOSSARY

Paternity definition

Published by a LexisNexis Family expert

What does Paternity mean?

'Paternity' is the legal status of a man as the father of a child.

There is a presumption that the father of a child born to a married woman is the child's father, but this presumption is rebuttable by evidence to the contrary, assessed on the balance of probabilities. Provisions relating to assisted fertilisation are contained in the Human Fertilisation and Embryology Act 1990, amended by the Human Fertilisation and Embryology Act 2008 and the Human Fertilisation and Embryology (Deceased Fathers) Act 2003.

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Setting up a general partnership—checklist

Setting up a general partnership—checklist Number and identity of the partners How many partners will there be and who are they? What is the capacity of each of the partners? Individual, company, other partnership, other entity or body? Do all the partners have the necessary qualifications? Will there be salaried partners or fixed share partners? What rights and obligations will they have? Will they be party to the partnership agreement? Will it be possible for new partners to be introduced? If so, will they need to execute a deed of adherence? Will unanimous consent be needed to admit new partners? Business details What will be the business of the partnership? Is it a continuing business, or one-off project or projects? Are any regulatory consents, approvals and licences required for the proposed business? What will be the name of the partnership? Does the name conflict with an existing business name? Conduct searches at Companies House and Trade Marks Registry. Will the business require a domain name? Conduct domain name search and...

Drafting checklist for claim or response—unlawful deduction from wages

Drafting checklist for claim or response—unlawful deduction from wages This Checklist sets out issues to consider when drafting an ET1 claim form or ET3 response form in relation to a claim for unlawful deductions from wages. For further guidance on deductions from wages generally, see Practice Note: Deductions from wages. See also Precedents: ET1 grounds of claim—unauthorised deduction from wages and ET3 grounds for resisting claim—unauthorised deduction from wages. Issue to consider Further guidance Was the claimant a worker? □ See Practice Note: Worker status and Checklist for assessing employment status Is the claimant in a category of worker excluded from the right to claim? □ See Practice Note: Deductions from wages—Definition of 'worker' What ‘wages’ is the claimant entitled to? □ See Practice Note: Deductions from wages—Definition of wages Consider payments expressly included in the definition, eg: —any fee, commission or other emolument referable to the employment (whether or not payable under the contract) □ —bonuses (including non-contractual bonuses, provided the claim is for...

Discover our 5 Checklists on Paternity

Child support—disputed paternity

This Practice Note deals with the circumstances where a claim is made for child support and paternity is disputed. It details the cases in which there will be an assumption of paternity by the Child Maintenance Service (CMS), steps to take where paternity is denied and the impact on liability.Section 26 of the Child Support Act 1991 (CSA 1991) provides that where a person who is alleged to be the parent of a child for whom a maintenance calculation has been made denies that he is one of the child’s parents, the CMS shall not make a maintenance calculation on the assumption that the alleged parent is one of the child’s parents, unless the case falls into one of the categories set out in CSA 1991, s 26(2), see: Assumption of paternity. CSA 1991 also makes provision as to a denial of paternity where assumptions don't apply and a denial of paternity where assumptions apply.For general guidance on the statutory child support scheme, see Practice Note: Child support—jurisdiction.Assumption of paternityThe...

Calculating a week's pay

Calculating a week's pay The concept of ‘a week’s pay’, calculated in accordance with sections 220–229 of the Employment Rights Act 1996 (ERA 1996), is important for a number of statutory employment rights, including: • the statutory right to pay during a notice period—see Practice Note: Statutory minimum notice—Employee rights during the notice period • calculation of the basic award or an additional award for failure to comply with an order for reinstatement or re-engagement in unfair dismissal cases—see Practice Notes: The basic award—Calculation, Reinstatement—Second stage reinstatement hearing—compensation and additional award and Re-engagement—Second stage reinstatement hearing—compensation and additional award • calculation of the statutory maximum compensatory award for unfair dismissal (although not for assessing the amount of the compensatory award itself—see Practice Note: The unfair dismissal compensatory award—Applying the statutory cap • calculation of a statutory redundancy payment—see Practice Note: Entitlement to statutory redundancy payment—How the payment is calculated • calculation of an award for failure to provide written reasons for dismissal—see Practice Note: Written statement of...

Discover our 13 Practice Notes on Paternity

Records retention schedule (employment)

Records retention schedule (employment) STOP PRESS: The Information Commissioner’s Office (ICO) has published draft guidance on keeping employment records and recruitment and selection which is open for consultation until 5 March 2024, and has also removed the employment practices code (first published in March 2022, and last updated in November 2011) and supplementary guidance from its employment information page. For more information, see Q&A: What is the status of the ICO employment practices code? and ICO removes employment practices code and related guidance from its Employment information guidance page, LNB News 15/12/2023 112. This Precedent will be updated once the ICO draft guidance is finalised. FORTHCOMING CHANGE: The ICO has published draft guidance on keeping employment records, which is out for consultation until 5 March 2024. This Precedent will be updated once the new ICO guidance has been finalised. Introduction This Record retention schedule accompanies and is incorporated into [insert organisation’s name]’s Record management policy. It sets out the...

Policy—carer’s leave

Policy—carer’s leave 1 Introduction 1.1 This policy sets out the approach that [insert name of organisation] (the Company) will take to the statutory right that employees have to take unpaid time off work to provide or arrange care for a dependant with a long-term care need, and the steps you should take if you need to make a request for such leave. 1.2 [This policy applies only to employees. It does not apply to agency workers, consultants[, contractors] [, volunteers] [, interns] or casual workers. OR This policy applies to all employees, officers, agency workers, consultants[, contractors] [, volunteers] [, interns] and casual workers.] 1.3 This policy has been [agreed OR implemented following consultation] with [[enter name of relevant trade union(s)] OR [enter name of works council] OR [enter name of staff association]]. 1.4 Depending on the circumstances, you may have the right to take time off under another policy. For example: 1.4.1 in an emergency situation, you may be entitled to time off to care (or arrange...

Dive into our 15 Precedents related to Paternity

Family weekly highlights—15 May 2025

This week’s edition of Family weekly highlights includes details of the Family Justice Council’s 11th open meeting and the Registration of Marriages and Civil Partnerships (Registration Provisions) (Amendment) Regulations 2025, SI 2025/569. The Court of Appeal’s analysis of findings made by the Family Court in the course of proceedings in which the father sought an order for the return of his child to Egypt is considered. Recent judgments, including parental orders, extension of a transparency order and costs in private law children cases are included.

Family weekly highlights—8 May 2025

This week’s edition of Family weekly highlights includes details of the changes to the HMCTS Family Public Law service to improve the Form C110a application journey and a speech delivered by the Master of the Rolls, Sir Geoffrey Vos, at the International Forum on Online Dispute Resolution considering the role of the Digital Justice System in resolving disputes, together with the new Online Procedure Rules (Specified Proceedings) Regulations 2025. The Court of Appeal’s clarification of whether a local authority with a care order for a child can consent to that child's confinement is analysed. Recent judgments, including the application for the appointment and funding of a lay advocate and declaration of non-parentage post-adoption are included.

Read the latest 4 News articles on Paternity