In cases where establishing biological parentage is necessary - whether for personal, legal, or identity-related reasons - individuals may apply to the court for a Declaration of Parentage.
ADULTS
If you are an adult you can apply for a Declaration of Parentage even if your parents are deceased. Your birth certificate can be amended to show your biological parents. This may assist in relation to citizenship, inheritance, identity.
Many people have an interest in their heritage and websites are available for ancestry searches and family tree building. Such investigations may lead to parentage issues.
A recent case resulted in a successful application for Declaration of Parentage by an adult son in relation to his deceased putative Father. Mark Moore aged 70 applied for a declaration of parentage that Andrew Joseph Moore (deceased) was his biological father, so that he could obtain Irish citizenship. His birth certificate was rectified to show his true biological father was Andrew Joseph Moore. There was helpful DNA testing evidence from another family member (a niece) showing the biological link was 11 times more likely than not that they were cousins and biological family members supported the application.
The Court specifically commented that the fact that a parent was dead was not a bar to an application. The Court was satisfied the declaration should be made.
CHILDREN
A parent may be able to apply in respect of their child for a declaration to accurately record the biological parent if the birth certificate does not accurately name them.
DNA testing may be required to establish the biological parents. A Court application may then be required to seek the declaration before the birth certificate can be rectified.
If you require assistance with a Declaration of Parentage or have any queries about the content in this article, please contact our child care team below.