In recent years, interest in adults seeking to find their birth parents has become popular, probably due to a plethora of TV shows on the subject. There is now a myriad of information on-hand to assist individuals in trying to find their biological parents, as well as specialists in genealogy and family history research.
Individuals looking for information about their biological parents, are commonly adopted as a child, or perhaps the individual in question is aware of their birth Mother’s identity but not the identity of their biological Father.
It is not unusual for a birth certificate to simply have a line through the box relating to ‘father’ and this can have an emotional effect on the individual who may question their own identity.
So, when an individual has finally discovered the identity of their biological father, even if their biological father is deceased, it follows that they may seek to have the name of their biological father added to their birth certificate.
The issue came before the Court in March 2022 in two separate applications brought by unrelated applicants which raised identical issues, namely:
- Whether an adult, who had been adopted as a child can subsequently (in both cases many years later) obtain a declaration of parentage in relation to the identity of their biological father;
- Whether in each case and on the facts such a declaration is appropriate; and
- Whether rectification of the applicant’s original birth certificate (so as to add the name of the biological father) is possible and compatible with adoption legislation.
Both applicants were adults who were born in the 1960’s had been adopted as young babies. Both applicants were over the age of 40 when they discovered their biological father’s identity. Both applicants sought to have their father’s name added to their respective birth certificates despite both of their biological father’s being deceased by the time of their applications.
Both applicants set out their reasons for their applications which included the importance of their long-term psychological and material welfare, to create stability of identity and recognition of the historical truth of their natural origins. Neither applicant sought to disrupt of set aside their adoption.
The Court considered Section 55A of the Family Law Act 1986, Section 14A of the Births and Deaths Registration Act 1953 and Part 1 of the Adoption and Children Act 200 and granted a Declaration of Parentage to each applicant. In addition, the Court ordered the Registrar General to be notified of the declarations so that the original birth certificates can be amended to include the name of the birth fathers.
Recently, Emma Alfieri, Legal Director has been dealing with an application similar to that listed above. To read the full details, please take a look at our case study.
Emma Alfieri is a Legal Director in our family team. Having practiced since 2008, Emma advises on all aspects of family law cases. Contact Emma directly on emmaalfieri@greene-greene.com or call 01284 717459.
