Family Proceedings Act 1980

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57 Refusal of parentage tests

(1)

In any civil proceedings in which the natural parentage of a child is in issue, whether or not the court has recommended under section 54(1) that parentage tests should be carried out on a person, evidence may be given to the court as to the refusal of that person to consent (or, where the person is under 16 years of age, as to the refusal to consent to such parentage tests of the person who is competent to do so on that person’s behalf).

(2)

Subject to the right of the person who refuses to consent to the parentage tests to explain the reasons for that person’s refusal, and to cross-examine witnesses and call evidence, the court may draw such inferences (if any) from the fact of refusal as appear to it to be proper in the circumstances.

Compare: 1968 No 62 s 50(2)–(4)

Section 57 heading: amended, on 1 July 2005, by section 150 of the Care of Children Act 2004 (2004 No 90).

Section 57(1): amended, on 1 July 2005, by section 150 of the Care of Children Act 2004 (2004 No 90).

Section 57(2): amended, on 1 July 2005, by section 150 of the Care of Children Act 2004 (2004 No 90).