Section 47 — Family Proceedings Act 1980: Applications for paternity orders

47 Applications for paternity orders (1) An application for a paternity order in respect of a child may be made: (a) In any case, by the mother of the child; or (b) Where the mother is under the age of 16 years, by any person having custody of, or who has the role of providing day-to-day care for, the mother; or (c) With the consent in writing of the mother, by a Social Worker; or (d) Where the child has been born, and the mother is dead, or has abandoned the child, or is for any reason unable to make an application herself,— (i) By a parent of the mother; or (ii) By a guardian of the child; or (iii) By a Social Worker; or (iv) With the leave of the Court, by any other person. (2) An application for a paternity order in respect of a child may be made only against a male who— (a) Is not married to, or in a civil union with, the mother; and (b) Has never been married to, or in a civil union with, the mother or (if he has been married to, or in a civil union with, the mother) whose marriage or civil union was dissolved before the conception of the child. Compare: 1968 No 62 ss 45, 47 Subsection (1) was amended, as from 1 July 2005, by section 151 Care of Children Act 2004 (2004 No 90) by inserting the words “ , or who has the role of providing day-to-day care for, ” after the words “ having custody of ” . Subsection (2) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ , or in a civil union with, ” after the words “ married to ” in each place where they appear. Subsection (2)(b) was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” .