s.15Parentage testing orders
15
Section 15Part 3 — ESTABLISHMENT OF PATERNITY

Parentage testing orders

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In proceedings where the parentage of a child is in issue the court may make a parentage testing order requiring a parentage testing procedure to be carried out on any of the following persons for the purpose of obtaining information to assist in determining the parentage of the child —
the child;
a person known to be a parent of the child; or
any other person, if 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.
A parentage testing order may be made by the court on the application of a party to the proceedings or of its own motion.
A parentage testing order may be made subject to such terms and conditions as the court determines.
In deciding whether to make a parentage testing order, the court shall —
consider and determine any objection made by a party to the proceedings on account of medical, religious or other grounds; and
if it determines that an objection is valid, take the objection into account in deciding whether to make the order.
Where the court makes an order under this section and a person over the age of 18 named therein refuses to submit to the parentage testing procedure, the person is not liable to a penalty in relation to the refusal to comply with the order but the court may draw such inferences as it thinks appropriate.
A person specified in a parentage testing order under this section shall be deemed to have consented —
where the person is a minor, but —
understands the nature and purpose of the blood tests and consents thereto; or
the person having his charge consents; and
where the person is without capacity for any reason other than minority, if the person having his charge consents and a registered medical practitioner certifies that the giving of a bodily sample would not be prejudicial to his proper care and treatment.

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