Affidavit Of Illegitimacy Template for New Zealand

A formal sworn statement used in New Zealand legal proceedings to establish the circumstances of a child's birth outside of marriage. This document, executed under the laws of New Zealand, provides detailed information about the child's parentage, the circumstances of birth, and relevant supporting evidence. It serves as a legal record that can be used in various proceedings including child support, custody matters, or immigration cases. The document must comply with New Zealand's Status of Children Act 1969 and the Oaths and Declarations Act 1957, and requires proper witnessing by an authorized person such as a Justice of the Peace or solicitor.

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What is a Affidavit Of Illegitimacy?

The Affidavit of Illegitimacy is a formal legal document used in New Zealand when there is a need to officially document and verify the circumstances of a child's birth outside of marriage. This document is particularly relevant in legal proceedings involving child support, custody arrangements, inheritance matters, or immigration cases. The affidavit typically includes detailed information about the child's parents, the circumstances of birth, and any supporting evidence regarding parentage. It must be sworn or affirmed before an authorized witness and comply with New Zealand legal requirements, including those set out in the Status of Children Act 1969 and the Oaths and Declarations Act 1957. While the term 'illegitimacy' is now considered outdated in many contexts, this type of affidavit remains an important legal tool for establishing and documenting parentage in various official proceedings.

What sections should be included in a Affidavit Of Illegitimacy?

1. Title and Court Reference: Identifies the document as an Affidavit of Illegitimacy and includes any relevant court reference numbers if part of legal proceedings

2. Deponent Information: Full legal name, occupation, and residential address of the person making the affidavit

3. Child's Information: Details of the child including full name, date of birth, and place of birth

4. Statement of Truth: Standard opening statement declaring that the contents are true and correct to the best of the deponent's knowledge and belief

5. Relationship Declaration: Statement explaining deponent's relationship to the child (e.g., mother, father, guardian)

6. Circumstances of Birth: Details about the child's birth, including confirmation that parents were not married at time of conception or birth

7. Parentage Details: Information about both parents, including known details of the father and mother

8. Supporting Evidence: Reference to any supporting documentation such as birth certificates or correspondence

9. Jurat: Closing section with signature, date, and authorized witness details

What sections are optional to include in a Affidavit Of Illegitimacy?

1. Paternity Acknowledgment: Include when the father has acknowledged paternity but was not married to the mother

2. DNA Testing: Include when DNA testing has been conducted to establish paternity

3. Prior Relationships: Include when relevant to establishing the circumstances of conception and birth

4. Maintenance History: Include when there is a history of child support or maintenance payments

5. Contact History: Include when relevant to establish pattern of contact or lack thereof with the father

6. Previous Legal Proceedings: Include when there have been any prior legal proceedings regarding the child's parentage or support

What schedules should be included in a Affidavit Of Illegitimacy?

1. Birth Certificate: Certified copy of the child's birth certificate

2. DNA Test Results: If applicable, certified copies of DNA test results confirming parentage

3. Supporting Correspondence: Copies of relevant correspondence or documentation referenced in the affidavit

4. Statutory Declarations: Any supporting statutory declarations from other parties

5. Court Orders: Copies of any relevant existing court orders relating to the child

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use

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