In what circumstances will a father of an illegitimate child succeed in obtaining an affiliation order against the father of the child?
British Columbia, Canada
The following excerpt is from Welling v. Welling, 1987 CanLII 2650 (BC SC):
In Kruhlak v. Kruhlak, [1958] 1 W.L.R. 606, [1958] 2 All E.R. 294, the floodtide of fiction (albeit humanely) reached its high water mark. The headnote tells the story [All E.R.]: A married woman separated from her husband gave birth to an illegitimate child at 7:30 a.m. At 10:00 a.m. the same day a decree nisi of divorce dissolving her marriage was made absolute. The father of the child was at the time free to marry the mother, and subsequently did so. On an application by the mother, who had meanwhile obtained a separation order against the father, for an affiliation order in respect of the child as being a bastard child … Held: the decree absolute, being a judicial act, dated from the earliest time of the day on which it was made, and the child was accordingly legitimated under s. 1 of the Legitimacy Act, 1926, by the subsequent marriage of the child’s parents; therefore, the application failed.
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