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Lecture 11: Status of children born of unmarried parents: (1) Rebutting the presumptions of paternity (blood tests) & (2) acquisition of PR & R
Agenda
Status of children born of unmarried parents
1. Question from last week (s 36) 2. Rebutting the presumptions of paternity:
Compulsion to take blood tests?
Possible ways to rebut presumptions of paternity NB: These ways are applicable to both presumptionsalthough it is arguable that section 36 changes the standard of proof for this evidence in respect of unmarried men. 1. Absence of sexual intercourse 2. The gestation period 3. Sterility 4. The exceptio plurium concubentium 5. Physical features 6. Contraceptives 7. Blood and tissue tests
Section 37 of the Childrens Act, governing the refusal to submit to the taking of blood samples, provides thusly:
If a party to any legal proceedings in which the paternity of a child has been placed in issue has refused to submit himself or herself, or the child, to the taking of a blood sample in order to carry out scientific tests relating to the paternity of the child, the court must warn such party of the effect which such refusal might have on the credibility of that party.
Courts power to take judicial notice of the technique and reliability of blood tests?
Section 21 of the Maintenance Act:
3) At the conclusion of the enquiry [] the maintenance court may
a) make such provisional order as [... it] may think fit relating to the payment of the costs involved in the carrying out of the scientific tests in question, including a provisional order directing the State to pay the whole or any part of such costs; or make no order.
b)
S v L 1992:
LB v YD (court a quo):
In paragraph 15, however, the court rejects the way of Wahrheit ber alles not to be generalised
For tomorrow: