A significant decision concerning Declarations of Parentage has been handed down by Mr Justice Cobb. For the first time, the Court considered whether adults, adopted as children (in both applicants’ cases many decades earlier) could obtain Declarations of Parentage in relation to their biological fathers. The Court considered the apparent dichotomy between the legislation governing the granting of a DoP and the adoption legislation, and determined that adults could obtain declarations in relation to their biological fathers, that to grant such declarations was appropriate and that rectifying the original birth certificates was both possible and compatible with adoption legislation. Re H Nos 1 & 2 [2020] EWFC 74 / [2021] EWHC 1943 (MacDonald J) distinguished.

Deirdre Fottrell QC and Olivia Magennis acted pro bono for both applicants, instructed by Jemma Dally of Goodman Ray.