1. In this Order, “the Act” means the Legitimacy Declaration Act (Ireland) 1868.

2. Proceedings under the Act shall be commenced by petition, which shall be entitled:

“THE HIGH COURT

The Legitimacy Declaration Act (Ireland) 1868”.

and shall be addressed:

“To The High Court”
 

3.^[1](1) Every petition under the Act shall be accompanied by an affidavit made by the petitioner verifying the facts and matters stated in such petition of which he has personal knowledge and deposing as to his belief in the truth of the other facts and matters alleged in the petition; and every such affidavit shall contain a denial of collusion with any persons or person.

(2) If the petitioner is a child, or a relevant person (within the meaning of section 2(1) of the Assisted Decision-Making (Capacity) Act 2015), or if for any special reasons the petitioner is unable to make such an affidavit, the Court or the Master may make an order allowing some other person named in order to make the affidavit verifying the petition and denying collusion.  An application for such an order shall be grounded upon an affidavit setting out the facts by reason of which the application is made.

[1]     Order 71 rule 3 substituted by SI 261 of 2023 effective 15 May 2023.