Medical procedures to determine parentage
13 Medical procedures to determine parentage
(1) Where the parentage of a child is in issue in proceedings before a court, the Court may:
on the request of a party to the proceedings;
on the request of a person representing the child; or
of its own motion,
make an order requiring a parentage testing procedure to be carried out in relation to a person referred to in subsection (2) for the purpose of obtaining information to assist in determining the parentage of the child.
The order under subsection (1) may be made in relation to:
the child;
a person believed by the Court to be the mother of the child; or
(c) any other person where the Court is of the opinion that the information that could be obtained if the parentage testing procedure were to be carried out in relation to the person might assist in determining the parentage of the child.
(3) The order under subsection (1) may be made subject to terms and conditions.
Where a court makes an order under subsection (1) the Court may:
make such orders as it considers necessary or desirable:
to enable the parentage testing procedure to be carried out; or
(ii) to make the parentage testing procedure more effective or reliable,
including, but not limited to, orders requiring a person to submit to a medical procedure, to provide a bodily sample or to furnish information relevant to the person's medical or family history; and
(b) make such orders as it thinks fit in relation to costs incurred in relation to:
(i) the carrying out of the parentage testing procedure or other orders made by the Court in relation to the parentage testing procedure; or
(ii) the preparation of reports in relation to the information obtained as a result of the carrying out of the parentage testing procedure.
(5) Where a person who has attained the age of 18 years contravenes an order under this section, the person is not liable to any penalty in relation to the contravention, but the Court may draw such inferences as it thinks fit in the circumstances.
(6) Where an order under this section is directed to a child who has not attained the age of 18 years, a medical procedure or other act must not be carried out in relation to the child under the order unless a guardian of the child consents to the medical procedure or act being carried out, but the Court may draw such inferences from a failure or refusal to consent as the Court thinks fit in the circumstances.
(7) If a guardian of the child consents to a medical procedure or other act being carried out in relation to the child under the order, a person who carries out, or assists in the carrying out of, the medical procedure or act is not liable to any civil or criminal action in relation to the proper carrying out of the medical procedure or act.
This Act’s bill:Second reading speech
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