Pook (Declaration of Parentage), Re

The court may make a declaration of parentage under section 55A of the Family Law Act 1986 where it has jurisdiction and considers the declaration to be in the child’s interests. The declaration may enable the child’s birth registration to be amended under section 14A of the Births and Deaths Registration Act 1953.

The applicant sought a declaration that the late Simon Nicholas Pook was the father of Willow Simone Pook. Paternity was undisputed and had been confirmed by DNA testing. Because the father died shortly after the child’s birth, the birth certificate recorded only the mother’s name.

The application was made under section 55A of the Family Law Act 1986 and was placed before the court for directions. The central issues were whether the court had jurisdiction to make the declaration and whether doing so was in the child’s interests.

1. The application was capable of being determined without a formal hearing. The judge nevertheless gave a judgment to record the decision in the unusual and sad circumstances.
2. Having considered section 55A of the Family Law Act 1986, the court was satisfied that it had jurisdiction to make the requested declaration of parentage.
3. The court was also satisfied that making the declaration was in Willow’s interests. Paternity was not in doubt and had been confirmed by DNA testing.
4. The court declared that the late Simon Nicholas Pook was the father of Willow Simone Pook.
5. The court directed that the Registrar General be notified so that the birth could be re-registered as provided by section 14A of the Births and Deaths Registration Act 1953.

First-instance decision. The judgment does not state any prior appellate history.