New Zealand Legislation: Acts

10 Declaration as to paternity

• (1) In this section, eligible person means a person—

  • (a) who is a woman and who alleges that a named person is the father of her child; or

  • (b) who alleges that the relationship of father and child exists between the person and another named person; or

  • (c) who wishes to have it determined whether the relationship of father and child exists between 2 named persons, and has a proper interest in the result.

  (2) A Family Court or the High Court may make a declaration of paternity (whether the alleged father or the alleged child or both of them are living or dead) if—

  • (a) an eligible person applies to the Court for the declaration; and

  • (b) it is proved to the Court's satisfaction that the relationship exists.

  (3) A Court considering an application under subsection (2) may, either on its own initiative or on an application for the purpose by a party to the proceedings, make a declaration of non-paternity (whether the alleged father or the alleged child or both of them are living or dead) if it is proved to the Court's satisfaction that the relationship does not exist.

  (4) If a declaration of paternity under subsection (2) is made after the death of the father or of the child, the Court may, at the same or any later time, make a declaration determining, for the purposes of section 7(1)(b), whether any of the requirements of section 7(1)(b) have been satisfied.

  (5) If an application under subsection (2) is made—

  • (a) to a Family Court, the provisions of the Family Proceedings Act 1980 (except sections 47 to 50) apply to the application as if it were an application for a paternity order under section 47 of that Act:

  • (b) to the High Court, the provisions of the Declaratory Judgments Act 1908 apply to the application.

  (6) Every question of fact that arises in applying any of subsections (2) to (4) must be decided on a balance of probabilities.

  The words “High Court” referred to in subsection (1) were substituted, as from 1 April 1980, for the words “Supreme Court” pursuant to section 18(2) Judicature Amendment Act 1979 (1979 No 124).

  Subsection (4) was inserted, as from 15 December 1994, by section 2 Status of Children Amendment Act 1994 (1994 No 160).

  Section 10 was substituted, as from 1 July 2005, by section 12 Status of Children Amendment Act 2004 (2004 No 91).