The appellant appealed an order striking her statement of claim, which sought a declaration that the respondent's deceased son was the biological father of her adult son, and requested paternity testing from the respondent.
The Court of Appeal dismissed the appeal, holding that the parens patriae jurisdiction could not be invoked to override section 5(2) of the Children's Law Reform Act, which expressly prohibits an application for a declaration of parentage unless both persons whose relationship is sought to be established are living.
