Paternity Definition

GLOSSARY

Published by a ��Ӱ�� Family expert

What does Paternity mean?

'Paternity' is the legal status of a man as the father of a child.

There is a presumption that the father of a child born to a married woman is the child's father, but this presumption is rebuttable by evidence to the contrary, assessed on the balance of probabilities. Provisions relating to assisted fertilisation are contained in the Human Fertilisation and Embryology Act 1990, amended by the Human Fertilisation and Embryology Act 2008 and the Human Fertilisation and Embryology (Deceased Fathers) Act 2003.

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If an employee is given enhanced contractual entitlement to paternity leave and pay, does this mean that the employer is not permitted to rely on the relevant statutory provisions to recover statutory paternity pay from HMRC—which it would otherwise be able to do if the employee’s entitlement was limited just to statutory paternity leave and pay?

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