HC Deb 23 October 1946 vol 427 cc1659-60
49. Mr. William Shepherd

asked the Chancellor of the Duchy of Lancaster what legal process exists by which a woman of German nationality in the British zone can establish the parentage of her child, where a British soldier is alleged to be involved.

The Chancellor of the Duchy of Lancaster (Mr. John Hynd)

There are no facilities for legal proceedings in cases of this kind. I am advised that even if affiliation proceedings were possible no maintenance order of the German court, or indeed of any foreign court, could, under the Army Act, be enforced against a British soldier.

Mr. Shepherd

Is the Chancellor of the Duchy of Lancaster satisfied that this state of affairs is likely to give the Germans cause to regard British justice very highly?

Mr. Hynd

It is a matter of legal fact that the Army Act, Section 145 (2), has the effect that proceedings for maintenance of an illegitimate child can only be enforced against a British subject under an Act of the United Kingdom Parliament or Common Law.

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