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Athanasios v Athanasios [2022] NZFC 1081

Published 24 May 2024

Declaration as to paternity — DNA evidence — Status of Children Act 1969, s 5. The applicant mother sought a declaration under the Status of Children Act that her deceased husband (the respondent) was the father of her child. She did this so that the child could be eligible for ACC funding for his father's death. The applicant presented evidence regarding her relationship with the respondent, the respondent's acceptance of the child as his own and DNA evidence from the child and his brother showing that both boys shared a common male ancestor. The applicant had not named the respondent on the youngest child's birth certificate because of the stress the child's illness had had on her, and the effects of family violence that the respondent had perpetrated against her at the time. The Judge was satisfied to the required standard that it was more likely than not that the respondent was the father of the child. The application was granted and a declaration was made by the Judge accordingly. Judgment Date: 8 February 2022. * * * Note: names have been changed to comply with legal requirements. * * *