What is the presumption of parentage role?
When parentage is disputed before a maintenance assessment has been made, the CSA can presume that the alleged non-resident parent is one of the childs parents and assess maintenance. The circumstances where this can be done are set out in detail in Section 26(2) of the Child Support Act 1991. They can be summarised as follows: • if the alleged non-resident parent was married to the childs mother at any time between conception and birth of the child and the child has not since been adopted; • if the alleged non-resident parent is named as the childs father on the birth certificate and the child has not since been adopted; • if an alleged non-resident parent refuses to take a DNA test; • if an alleged non-resident parent has taken a test which shows that there is no reasonable doubt that the alleged parent is a parent of the child; • if the alleged non-resident parent has adopted the child; • if a court has made an order under Section 30 of the Human Fertilisation and Embryology Act 199
Related Questions
- When accompanied by an Express Statement and a signed Certification Statement, will the CII be granted the presumption of protection throughout the entire review and validation process?
- Why Sterlings Claim Under the Illinois Parentage Act Also Failed But was there another way Sterling might claim parental rights?
- Who Has Parental Rights?
