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s 12

Maternity

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Part IVEstablishment of paternity and maternity

12 Maternity

(1)

Any person who:

(a)

alleges that any named person is the mother of his child;

(b)

alleges that the relationship of mother and child exists between that person and any other named person; or

(c)

being a person having a proper interest in the result, wishes to have it determined whether the relationship of mother and child exists between 2 named persons,

may apply to the Supreme Court for a declaration of maternity and, if it is proved to the satisfaction of the Court that the relationship exists, the Court may make a declaration of maternity whether or not the mother or the child or both of them are living or dead.

(2)

Notwithstanding anything in subsection (1), the Court may refuse to hear an application for a declaration of maternity if it is of the opinion that it is not just or proper to do so.

(3)

Where a declaration has been made under subsection (1) and it appears to the Court that new facts or circumstances have arisen that have not previously been disclosed to a court and could not, by the exercise of reasonable diligence, have previously been known, the

Court may revoke such declaration which shall, upon revocation, cease to have any force or effect.

Part V Parentage testing

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