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Sullivan v Morgan [2023] NZFC 3382

Published 10 October 2023

Reserved judgment — declaration for non-paternity — conception — paternity testing — fertility — Status of Children Act 1969, s 10. This was an application for a declaration of non-paternity. The parties had been married and they made many attempts to get pregnant. They had adopted two children. The respondent later became pregnant with two children who were the subject of the current proceedings. The Court determined that there was no biological connection between the children and the applicant. The applicant had previously had a vasectomy and the reversal was unsuccessful. The parties had also undergone significant fertility treatments which were unsuccessful and they had brought in a third party for the conception of children. The respondent refused the opportunity for paternity testing. The Courts then looked at the relationship between the applicant and the children. It was submitted by the respondent that there was a relationship, however the applicant claimed that he had distanced himself from the children upon his separation from the respondent. The Court decided that there was no relationship between the applicant and the children as there was hardly any communication between them. The applicant had also rejected any relationship with the children. The application for non-paternity was successful and the declaration of non-paternity was made. Judgment Date: 6 April 2023 * * * Note: names have been changed to comply with legal requirements. * * *