B v C (No. 2) (1996 Hague Convention Art 22)

Mr Michael Gration KC and Ms Julia Townend (instructed by KJ Smith Solicitors) for the Applicant The Second Respondent did not appear and was not represented Ms Carine Patry KC and Mr Alex Laing (instructed by the Government Legal Department) for the Intervener Hearing date: 27 July 2023 ____________________

i) Under Art 113 of the Spanish Civil Code, parenthood arises by registration in the Civil Registry, a document or court decision legally determining parentage, by presumption of matrimonial paternity and, in the absence of these methods, by possession of status.

iii) Under Spanish law, and in the absence of a final judicial or administrative decision providing to the contrary, parenthood confers parental responsibility.

iv) None of the exceptions under Art 111 of the Spanish Civil Code to the conferment of parental responsibility following legal parenthood apply to D.

v) In the circumstances, where D is a real person and was registered as the father in the Civil Registry on 29 November 2017, and where no judicial decision has removed parental responsibility from D, under Spanish law he has parental responsibility for A. D's parental responsibility for A is an automatic consequence of parenthood as recorded in the Civil Registry.