STATUS OF CHILDREN ACT 1987

Direction by court on blood tests.

38

38. (1) In any civil proceedings before a court in which the parentage of any person is in question, the court may, either of its own motion or on an application by any party to the proceedings, give a direction for the use of F12 [ DNA tests ] for the purpose of assisting the court to determine whether a person named in the application or a party to the proceedings, as the case may be, is or is not a parent of the person whose parentage is in question, and for the taking, within a period to be specified in the direction, of F12 [ bodily samples ] from the person whose parentage is so questioned, from any person alleged to be a parent of that person and from any other person who is a party to the proceedings, or from any of those persons.

(2) Where, on the application of any party to proceedings—

( a) a direction is given under subsection (1) of this section, such party shall pay the costs of taking and testing F12 [ bodily samples ] for the purpose of giving effect to the direction (including any expenses reasonably incurred by any person in taking any steps required of him for that purpose) and of making a report to the court under section 40 (2) of this Act,

( b) such party obtains, under section 40 (4) of this Act, a written statement explaining or supplementing any statement made in a report under the said section 40 (2) , that party shall, subject to any direction by the court, pay the costs (if any) of obtaining the written statement (including any expenses reasonably incurred by any person in taking any steps required by him for that purpose),

but any amount paid or to be paid by virtue of this subsection shall be treated as costs incurred by such party in the proceedings.

(3) The court may at any time revoke or vary a direction previously given by it under this section.

Annotations:

Amendments:

F12

Substituted (18.01.2016) by Children and Family Relationships Act 2015 (9/2015), s. 82, S.I. No. 12 of 2016.