- Declaration of parentage declined on public policy grounds (Re H v R and another (Attorney General for England and Wales intervening))
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
Family analysis: In H v R and another (Attorney General for England and Wales intervening), the court declined to make a declaration of parentage in favour of a birth parent in relation to an adopted child, on the basis that to do so would be manifestly contrary to public policy for the purposes of section 58(1) of the Family Law Act 1986 (FLA 1986). The court also made it clear that even if a declaration of parentage had been made, it would not have conferred parental responsibility, or any legal rights, nor would it have meant that the applicant could resume a role in the child’s life. Poonam Bhari, barrister at 3PB Chambers, looks at the issues.
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