1.—(1) This Act may be cited as the Status of Children Act, 1987.

(2) (a) This Part (other than sections 3 and 4) shall come into operation on the passing of this Act and the said sections 3 and 4 shall come into operation one month after such passing.

(b) Parts II to IX shall come into operation six months after the passing of this Act or on such earlier day or days (not being earlier than one month after such passing) as may be fixed therefor by order or orders of the Minister for Justice, either generally or with reference to any particular Part or Parts.

2.—In this Act, a reference to a Part is to a Part of this Act unless the context requires that a reference to some other enactment is intended.

3.—(1) In deducing any relationship for the purposes of this Act or of any Act of the Oireachtas passed after the commencement of this section, the relationship between every person and his father and mother (or either of them) shall, unless the contrary intention appears, be determined irrespective of whether his father and mother are or have been married to each other, and all other relationships shall be determined accordingly.

(2) (a) An adopted person shall, for the purposes of subsection (1) of this section, be deemed from the date of the adoption to be the child of the adopter or adopters and not the child of any other person or persons.

F1[(b) In this subsection ‘adopted person’ means a person who has been adopted under an adoption order within the meaning of section 3 (1) of the Adoption Act 2010 or, where the person has been adopted outside the State, whose adoption is recognised by virtue of the law for the time being in force in the State.]

4.—In this Act and in every Act of the Oireachtas passed after the commencement of this section—

(a) a reference, however expressed, to a person whose parents have not married each other shall, unless the contrary intention appears, be construed as including a reference to a person whose parents are or have been married to each other but between whom there has been no subsisting marriage at any time during the period of ten months before the person’s birth, or during the persons’s lifetime, and

(b) a reference, however expressed, to a person whose parents have married each other shall, unless the contrary intention appears, be construed as excluding a reference to a person in respect of whom paragraph (a) of this section applies.

5.—It is hereby declared that, in relation to a child, any reference to “father”, “mother” or “parent” in the Irish Nationality and Citizenship Acts, 1956 and 1986, includes and shall be deemed always to have included the father, mother or parent, as the case may require, who was not married to the child’s other parent at the time of the child’s birth or at any time during the period of ten months preceding the birth.

6.—In this Part “the Act of 1931” means the Legitimacy Act, 1931.

7.—(1) Section 1(2) of the Act of 1931 (which precludes the operation of that Act in the case of a person whose father and mother could not have been lawfully married to one another at the time of his birth or at some time during the period of ten months preceding such birth) is hereby repealed.

(2) In the case of a person to whom this section relates, the Act of 1931 shall have effect as if for the references in sections 1(1) and 5 of that Act to the commencement of that Act there were substituted a reference to the commencement of this Part.

8.—In this Part “the Act of 1964” means the Guardianship of Infants Act, 1964.

9.—The Act of 1964 is hereby amended by the substitution for section 2 of the following section:

10.—The Act of 1964 is hereby amended by the insertion after section 3 of the following section:

11.—Section 6 of the Act of 1964 is hereby amended by the substitution of the following subsection for subsection (4):

12.—The Act of 1964 is hereby amended by the insertion after section 6 of the following section:

13.—Section 11 of the Act of 1964 is hereby amended by the substitution of the following subsection for subsection (4):

14.—In this Part “the Act of 1976” means the Family Law (Maintenance of Spouses and Children) Act, 1976.

15.—Where, in any proceedings before a court relating to the maintenance of a child or the payment of a lump sum in respect of the expenses for the birth or funeral of a child, the making of an order for the purpose of granting such maintenance or the payment of such a lump sum, as the case may be, depends on a finding that a person is a parent of the child, the court shall not in those proceedings make any such order unless it is proved on the balance of probabilities that that person is a parent of the child.

16.—Section 3 of the Act of 1976 is hereby amended in subsection (1)—

(a) by the insertion after the definition of “Court” of the following definition:

(b) by the substitution for the definition of “dependent child of the family” of the following definition:

(c) by the insertion after the definition of “interim order” of the following definition:

(d) by the substitution of the following definition for the definition of “maintenance order”:

and

(e) by the insertion before the definition of “variation order” of the following definition:

17.—Section 5 of the Act of 1976 is hereby amended—

(a) by the insertion in subsection (1) (c)—

(i) of “under this section” after “maintenance order”, and

(ii) of “of the family” after “dependent child” in each place it occurs,

and

(b) by the substitution of the following subsection for subsection (4):

and the said subsection (1) (c), as so amended, is set out in the Table to this section.

TABLE

(c) A maintenance order under this section or a variation order shall specify each part of a payment under the order that is for the support of a dependent child of the family and may specify the period during the lifetime of the person applying for the order for which so much of a payment under the order as is for the support of a dependent child of the family shall be made.

18.—The Act of 1976 is hereby amended by the insertion after section 5 of the following section:

19.—Section 6 of the Act of 1976 is hereby amended in subsection (3)—

(a) by the deletion of “of the family” where it first occurs, and

(b) by the substitution of “for the purposes of the order” for “of the family” where it last occurs,

and the said subsection, as so amended, is set out in the Table to this section.

TABLE

(3) That part of a maintenance order which provides for the support of a dependent child shall stand discharged when the child ceases to be a dependent child by reason of his attainment of the age of sixteen years or twenty-one years, as the ease may be, and shall be discharged by the Court, on application to it under subsection (1) of this section, if it is satisfied that the child has for any reason ceased to be a dependent child for the purposes of the order.

20.—The Act of 1976 is hereby amended by the insertion after section 8 of the following section:

21.—(1) The Act of 1976 is hereby amended by the insertion after section 21 of the following section:

(2) Section 64 of the Health Act, 1970, is hereby amended by the substitution of the following subsection for subsection (3):

(3) Section 28 of the Social Welfare (Consolidation) Act, 1981, is hereby amended by the substitution of the following subsection for subsection (2):

22.—Section 23 of the Act of 1976 is hereby amended by the substitution in subsection (1) (inserted by the Courts Act, 1981) of “sections 5, 5A, 6, 7, 9 and 21A” for “sections 5, 6, 7 and 9”, and the said subsection (1), as so amended, is set out in the Table to this section.

TABLE

(1) Subject to subsection (2) of this section, the Circuit Court and the District Court shall have jurisdiction to hear and determine proceedings under sections 5, 5A, 6, 7, 9 and 21A of this Act.

23.—Section 24 of the Act of 1976 is hereby amended by the insertion of “or 8A” after “section 8” and by the substitution of “either of those sections” for “that section”, and the said section, as so amended, is set out in the Table to this section.

TABLE

24.—A periodical payment of money pursuant to a maintenance order, a variation order, an interim order, an order under section 8 or 8A of this Act (in so far as it is deemed under either of those sections to be a maintenance order), or an attachment of earnings order shall be made without deduction of income tax.

24.—(1) The reference in section 98(1)(d) of the Defence Act, 1954, to an order made by a civil court under section 3, 6 or 7 of the Illegitimate Children (Affiliation Orders) Act, 1930, shall be construed as a reference to an order under section 5A, 6, 7 or 21A of the Act of 1976 (as amended by this Part) or an order under section 8A (inserted by this Part) of the Act of 1976 (in so far as it is deemed under that section to be a maintenance order).

(2) Section 99 (as extended to women by virtue of sections 2 and 5 of the Defence (Amendment) (No. 2) Act, 1979) of the Defence Act, 1954 (which relates to deductions from the pay of certain members of the Permanent Defence Force in respect of maintenance of a spouse or legitimate children) is hereby amended by the substitution insubsection (1) of “his spouse or any of his children (including any of his children in respect of whom his spouse is not a parent and any children he has adopted under the Adoption Acts, 1952 to 1976)” for “his wife or any of his legitimate children” and of “the spouse or any such children” for “the wife or such legitimate children”.

25.—(1) The Illegitimate Children (Affiliation Orders) Act, 1930 (hereafter in this section referred to as “the Act of 1930”) is hereby repealed.

(2) Any order made by a court under the provisions of the Act of 1930 and in force immediately before the commencement of this Part shall, in so far as such order could have been made under section 5A (inserted by this Part) of the Act of 1976 had it been in operation when that order was made, be deemed for all purposes to be an order made under the said section 5A.

(3) Any proceedings initiated under the provisions of the Act of 1930 and not completed before the commencement of this Part shall, in so far as such proceedings could have been initiated under section 5A of the Act of 1976 had it been in operation at such initiation, be deemed for all purposes to be proceedings under the said section 5A and may be continued accordingly.

(4) Subsections (2) and (3)of this section are without prejudice to any proceedings initiated, or any order or part of such order made, under the Act of 1930 to which those subsections do not relate.

26.—In this Part “the Act of 1965” means the Succession Act, 1965.

27.—(1) In any disposition (including a disposition creating an entailed estate) made after the commencement of this Part, references, however expressed, to relationships between persons shall be construed in accordance with section 3 of this Act.

(2) The following provisions of section 3 of the Legitimacy Act, 1931, namely—

(a) subsection (1) (b) (which relates to the effect of dispositions where a person has been legitimated),

(b) subsection (1) (c) (which relates to the effect of legitimation on entailed estates), and

(c) subsection (2) (which provides that, where the right to any property depends on the relative seniority of the children of any person, legitimated persons shall rank as if born on the date of legitimation),

shall not apply—

(i) in the case of the said subsection (1) (b), to a disposition made after the commencement of this Part,

(ii) in the case of the said subsection (1) (c), in relation toany entitlement under an entailed estate created by a disposition made after the commencement of this Part, and

(iii) in the case of the said subsection (2), in relation to any right conferred by a disposition made after the commencement of this Part,

except as respects any interest in relation to which the disposition refers only to persons who are, or whose relationship is deduced through, legitimate persons.

(3) For the purpose of any property right to which this section or section 4A (inserted by this Act) of the Act of 1965 relates, F2[section 60 of the Adoption Act 2010 (which relates to the property rights of persons adopted under the Adoption Act 2010)] shall be construed as applying also to any person adopted outside the State whose adoption is recognised by virtue of the law for the time being in force in the State.

(4) (a) Subject to paragraph (b) of this subsection, this section is without prejudice to F2[section 60 (as construed in accordance with subsection (3) of this section) of the Adoption Act 2010]

(b) An adopted person shall, unless the contrary intention appears, be entitled to take under a disposition made after the commencement of this Part in the same manner as he would have been entitled to so take if, at the date of the adoption order, he had been born in lawful wedlock to the person or persons who so adopted him.

(5) Any rule of law that a disposition in favour of illegitimate children not in being when the disposition takes effect is void as contrary to public policy is hereby abrogated as respects such dispositions made after the commencement of this Part.

(6) In relation to any disposition made before the commencement of this Part—

(a) nothing in this section shall affect the operation or construction of, or any entitlement under, any disposition so made, and

(b) where such a disposition creates a special power of appointment, nothing in this section shall be interpreted as extending the class of persons in whose favour the appointment may be make so as to include any person who is not a member of that class.

(7) (a) In this section “disposition” means a disposition, including an oral disposition, of real or personal property whether inter vivos or by will or codicil.

(b) Notwithstanding any rule of law, a disposition made by will or codicil executed before the commencement of this Part shall not be treated for the purposes of this section as made on or after that date by reason only that the will or codicil is confirmed by a codicil executed on or after that date.

28.—Section 3 of the Act of 1965 is hereby amended—

(a) by the insertion in subsection (1) after the definition of “an intestate” of the following:

and

(b) by the insertion of the following subsection after subsection (1):

29.—The Act of 1965 is hereby amended by the insertion after section 4 of the following section:

30.—The Act of 1965 is hereby amended by the insertion after section 27 of the following section:

31.—Section 117 of the Act of 1965 is hereby amended by the insertion of the following subsection after subsection (1):

32.—The provisions of the following enactments are hereby repealed to the extent specified:

(a) in the Provident Nominations and Small Intestacies Act, 1883, section 8;

(b) in the Savings Banks Act, 1887, the words “, or in case of any illegitimacy of the deceased person or his children, to or among such person or persons as may be directed by the said regulations,” in section 3 (2);

(c) in the Superannuation Act, 1887, the words “, or in case of the illegitimacy of the deceased person or his children, to or among such persons as the department may think fit,” in section 8;

(d) in the Industrial and Provident Societies Act, 1893, section 27 (2);

(e) in the Friendly Societies Act, 1896, section 58 (2);

(f) in the Legitimacy Act, 1931, sections 1(3) and 9;

(g) in the Local Government (Superannuation) Act, 1956, the words “or, in the case of the illegitimacy of the deceased, to or among such persons as the local authority think fit,” in section 61 (1) (e);

(h) in the Act of 1965, section 110.

33.—In this Part—

F3[‘adopted person’ has the same meaning as in section 3(2)(b) of this Act;]

“the Court” means the Circuit Court;

“prescribed” means prescribed by rules of court.

34.—(1) The Court shall have jurisdiction to grant a declaration under this Part.

(2) The jurisdiction conferred on the Court by this section shall be exercised by the judge of the circuit where any party to the proceedings ordinarily resides or carries on any profession, business or occupation or, where no party to the proceedings ordinarily resides or carries on any profession, business or occupation in the State, by a judge assigned to the Dublin Circuit.

(3) The jurisdiction conferred by this section is in addition to any other jurisdiction to grant a declaration of parentage or to make an order which has the effect of such a declaration.

35.—F5[(1) A person specified in subsection (1A) of this section may apply to the Court for a declaration under this section that—

(a) a person named in the application is or is not the mother,

(b) a person named in the application is or is not the father or second parent, or

(c) 2 persons named in the application are or are not the parents,

of a person (other than a person who is an adopted person) named in the application (in this section referred to as the ‘person concerned’).]

F6[(1A) An application for a declaration under this section may be made, in relation to a person concerned, by—

(a) the person concerned,

(b) any person seeking a declaration that he or she is the mother, father or second parent of the person concerned, or

(c) any person seeking a declaration that he or she is not the mother, father or second parent of the person concerned.

(1B) Where an application for a declaration under this section is made by a person referred to in paragraph (b) or (c) of subsection (1A) of this section in relation to a person concerned, the person concerned shall be joined as a party to the proceedings.]

(2) An application may be made under subsection (1) of this section notwithstanding the fact that any person named in the application as the father or the mother or a parent, as the case may be, is not, or may not be, alive.

(3) F7[Where an application for a declaration under this section is made in relation to a person concerned who was not born in the State, the person making the application shall specify] in the application the reasons for seeking the declaration from the Court, and the Court shall refuse to hear or refuse to continue hearing, as the case may be, the application if at any stage it considers that there are no good and proper reasons for seeking the declaration.

(4) F8[…]

(5) On an application under this section the Court may at any stage of the proceedings, of its own motion or on the application of any party to the proceedings, direct that all necessary papers in the matter be sent to the Attorney General.

(6) Where on an application under this section the Attorney General requests to be made a party to the proceedings, the Court shall order that he shall be added as a party, and, whether or not he so requests, the Attorney General may argue before the Court any question in relation to the application which the Court considers necessary to have fully argued and take such other steps in relation thereto as he thinks necessary or expedient.

(7) The Court may direct that notice of any application under this section shall be given in the prescribed manner to such other persons as the Court thinks fit and where notice is so given to any person theCourt may, either of its own motion or on the application of that person or any party to the proceedings, order that that person shall be added as a party to those proceedings.

F9[(8) Where on an application under subsection (1) of this section it is proved on the balance of probabilities that—

(a) a person named in the application is or is not the mother,

(b) a person so named is or is not the father or second parent, or

(c) persons so named are or are not the parents,

of the person concerned, the Court shall make the declaration accordingly.]

(9) Any declaration made under this section shall be in a form to be prescribed and shall be binding on the parties to the proceedings and any person claiming through a party to the proceedings, and where the Attorney General is made a party to the proceedings the declaration shall also be binding on the State.

36.—(1) Rules of court may provide that any application for a declaration under section 35 of this Act shall contain such information as may be prescribed.

(2) Where any costs are incurred by the Attorney General in connection with any application for a declaration under section 35 of this Act, the Court may make such order as it considers just as to the payment of those costs by other parties to the proceedings.

(3) No proceedings on an application under section 35 of this Act shall affect any final judgment or decree already pronounced or made by any court of competent jurisdiction.

(4) On the hearing of an application under section 35 of this Act the Court may direct that the whole or any part of the proceedings shall be heard otherwise than in public, and an application for a direction under this subsection shall be so heard unless the Court otherwise directs.

(5) Where a declaration is made by the Court under section 35 of this Act, notification of that decision shall be given to an tArd-Chláraitheoir and shall be given in such manner as may be prescribed.

37.—In this Part—

F10[‘Act of 2015’ means the Children and Family Relationships Act 2015;]

F11[…]

F11[…]

F12[‘bodily sample’ means any of the following taken or to be taken from a person for the purpose of a DNA test:

(a) a swab from the mouth;

(b) a sample of saliva or hair (other than pubic hair);

(c) a blood sample;

F10[‘DAHR procedure’ has the same meaning as in section 20 of the Act of 2015;]

‘DNA’ means deoxyribonucleic acid;

‘DNA test’ means any test carried out under this Part with the object of examining and analysing a bodily sample in order to derive, in relation to the person from whom the sample is taken, information comprising a set of identification characteristics of that person’s DNA;]

F10[‘donor-conceived child’ has the same meaning as in Part 2 of the Act of 2015;]

“excluded” means excluded subject to the occurrence of mutation;

“the Minister” means the Minister for Justice.

F10[‘parent’ means—

(a) in relation to a person who is not a donor-conceived child, his or her mother or father, and

(b) in relation to a donor-conceived child, a person who—

(i) provided a gamete that was used in the DAHR procedure that resulted in the child’s birth, and

(ii) is the mother of the child or is a parent of the child under section 5(1)(b) of the Act of 2015;]

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 F13[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 F13[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 F13[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.

39.—(1) Subject to subsection (3) of this section, a F14[bodily sample] which is required to be taken from any person for the purpose of giving effect to a direction under section 38 of this Act shall not be taken from that person except with his consent.

(2) Where for the purpose of giving effect to a direction under section 38 of this Act a F14[bodily sample] is required to be taken from a person who is not of full age and the court considers that he is in the circumstances capable of giving or refusing the necessary consent, any consent given or refused by him shall be as effective as it would be if he were of full age.

(3) For the purpose of giving effect to a direction under section 38 of this Act—

(a) a F14[bodily sample] may be taken from a minor, other than one to whom subsection (2) of this section relates, if the person having charge of or control over the minor consents:

Provided that where more than one person has charge of or control over the minor and they disagree as to whether consent should be given, the minor shall be treated as not having consented;

(b) a F14[bodily sample] may be taken from a person of full age who is, in the opinion of the court, incapable of understanding the nature and purpose of F14[DNA tests] if the person havingcharge of or control over him consents and any medical practitioner in whose care he may be has certified that the taking of a F14[bodily sample] from him will not be prejudicial to his proper care and treatment:

Provided that where more than one person has charge of or control over the person concerned and they disagree as to whether consent should be given, the person concerned shall be treated as not having consented.

40.—(1) Where F15[bodily samples] are taken for the purpose of giving effect to a direction of a court under section 38 (1) of this Act, they shall be tested—

(a) under the control of such person (including a person to whom subsection (6) of this section relates) as all the parties to the proceedings before the court agree to, or

(b) where the parties are not in agreement,

(i) under the control of such person to whom subsection (6) of this section relates, or

(ii) under the control of such other person,

as the court shall direct.

(2) The person under whose control F15[bodily samples] are to be tested by virtue of subsection (1) of this section shall make to the court by which the direction was given a report in which he shall state—

(a) in relation to each person from whom F15[bodily samples] were so taken, the results of the tests, and

(b) in relation to each person (other than the person whose parentage is in question) from whom F15[bodily samples] were so taken—

(i) whether the person to whom the report relates is or is not excluded by the results from being a parent of the person whose parentage is in question, and

(ii) if the person to whom the report relates is not so excluded, the value, if any, of the results in determining whether that person is a parent of the person whose parentage is in question,

and the report shall be received by the court as evidence in the proceedings of the matters stated therein.

(3) A report under subsection (2) of this section shall be in the form prescribed by regulations made under section 41 of this Act.

(4) Where a report has been made to a court under subsection (2) of this section, any party may, with the leave of the court, or shall, if the court so directs, obtain from the person who made the report a written statement explaining or supplementing any statement made in the report, and that statement shall be deemed for the purposes of this section (other than subsections (3) and (6)) to form part of the report made to the court.

(5) Where a direction is given under section 38 (1) of this Act in any proceedings and the F15[bodily samples] to which the direction relateshave been tested by virtue of this section, a party to the proceedings, unless the court otherwise directs, shall not be entitled to call as a witness the person under whose control the F15[bodily samples] were tested for the purpose of giving effect to that direction, or any person by whom any thing necessary for the purpose of enabling those tests to be carried out was done, unless within 14 days after receiving a copy of the report he serves notice on the other parties to the proceedings, or on such of them as the court may direct, of his intention to call that person as a witness and, where that person is so called, the party who called him shall be entitled to cross-examine him.

(6) (a) The Minister may, for the purpose of subsection (1) of this section, appoint a person or category of persons under whose control F15[DNA tests] may be carried out.

(b) The Minister may at any time amend or revoke an appointment under this subsection but such amendment or revocation shall not affect any F15[DNA test] carried out, or the testing of any F15[bodily sample] for the purpose of this Part which was submitted for testing, before such amendment or revocation.

(c) Notice of an appointment, or the amendment or revocation of any appointment, shall be published by the Minister in the Iris Oifigiúil.

41.—(1) The Minister may make regulations for the purpose of giving effect to this Part.

(2) Without prejudice to the generality of subsection (1) of this section, regulations made under this section may in particular—

(a) regulate the taking, identification and transport of F16[bodily samples];

(b) require the production at the time when a F16[bodily sample] is to be taken of such evidence of the identity of the person from whom it is to be taken as may be prescribed by the regulations;

F16[(c) require any person from whom a bodily sample that is a blood sample is to be taken or, in such cases as may be prescribed by the regulations, such other person as may be so prescribed, to state in writing whether he had during such period as may be specified in the regulations—

(i) suffered from any such illness as may be so specified, or

(ii) received a transfusion of blood or such other medical treatment as may be so specified;]

(d) prescribe the form of any report to be made to a court under this Part.

(3) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

42.—(1) Where a court gives a direction under section 38 of this Act and any person fails to take any step required of him for thepurpose of giving effect to the direction, the court may draw such inferences, if any, from that fact as appear proper in the circumstances.

(2) Where in proceedings on an application under section 35 of this Act a court gives a direction under section 38 of this Act for the taking of F17[bodily samples] then, if any person named in the direction fails, within such period as may be specified by the court, to take any step required of him for the purpose of giving effect to the direction, the court may dismiss the application.

(3) Where in any civil proceedings in which the parentage of any person falls to be determined by the court hearing those proceedings there is, by virtue of section 46 of this Act, a presumption of paternity relating to such person, then if—

(a) a direction is given under section 38 of this Act in those proceedings, and

(b) any party who is claiming any relief in the proceedings and who for the purpose of obtaining that relief is entitled to rely on the presumption fails to take any step required of him for the purpose of giving effect to the direction,

the court may adjourn the hearing for such period as it thinks fit to enable that party to take that step, and if at the end of that period he has failed without reasonable cause to take it the court may, without prejudice to subsection (1) of this section, dismiss his claim for relief notwithstanding the absence of evidence to rebut the presumption.

(4) Where any person named in a direction under section 38 of this Act fails to consent to the taking of a F17[bodily sample] from himself or from any person named in the direction whom he has charge of or control over, he shall be deemed for the purposes of this section to have failed to take a step required of him for the purpose of giving effect to the direction.

43.—If, for the purpose of providing a F18[bodily sample] for a test under section 40 of this Act, any person personates another or proffers another knowing him not to be the person named in the direction, he shall be liable—

(a) on summary conviction, to F18[a class C fine] or to imprisonment for a term not exceeding 12 months, or to both;

(b) on conviction on indictment, to F18[a fine not exceeding €5,000] or to imprisonment for a term not exceeding two years, or to both.

44.—Any presumption of law as to the legitimacy or illegitimacy of any person is hereby abrogated.

45.—(1) Where, either before or after the commencement of this Part, a person has been found or adjudged to be a parent of a child in any civil proceedings before a court relating to guardianship ofinfants or maintenance (including affiliation) or under section 215 of the Social Welfare (Consolidation) Act, 1981, such a finding or adjudication shall, notwithstanding the fact that that person did or did not offer any defence to the allegation of parentage or was or was not a party to those proceedings, be admissible in evidence in any subsequent civil proceedings for the purpose of proving that that person is or, where not alive, was a parent of that child:

Provided that no finding or adjudication as aforesaid other than a subsisting one shall be admissible in evidence by virtue of this section.

(2) Where evidence that a person has been found or adjudged to be a parent of a child has been submitted in subsequent proceedings by virtue of subsection (1) of this section, then—

(a) that person shall be taken to be or, where he is not alive, to have been a parent of that child, unless the contrary is proved on the balance of probabilities, and

(b) in relation to the prior court proceedings the contents of any document which was before that court, or which contains any pronouncement of that court, shall, without prejudice to the submission of any other admissible evidence for the purpose of identifying the facts on which the finding or adjudication was based, be admissible for that purpose.

(3) Where in subsequent civil proceedings the contents of any document are admissible in evidence by virtue of subsection (2) of this section, a copy of that document, or of the material part thereof, purporting to be certified or otherwise authenticated by or on behalf of the court or authority having custody of that document shall be admissible in evidence and shall be taken to be a true copy of that document or part unless the contrary is shown.

46.—(1) Where a woman gives birth to a child—

(a) during a subsisting marriage to which she is a party, or

(b) within the period of ten months after the termination, by death or otherwise, of a marriage to which she is a party,

then the husband of the marriage shall be presumed to be the father of the child unless the contrary is proved on the balance of probabilities.

F19[(2) Notwithstanding subsection (1) of this section, where a married woman, being a woman who is living apart from her husband, gives birth to a child more than ten months after the date of her separation from her husband, then her husband shall be presumed not to be the father of the child unless the contrary is proved on the balance of probabilities.]

F20[(2A) For the purposes of subsection (2) of this section, the date of the separation of a married woman from her husband shall be deemed to be—

(a) the date on which a decree of divorce a mensa et thoro was granted in relation to them,

(b) the date on which a decree of judicial separation was granted in relation to them,

(c) the date on which a deed of separation was executed in relation to them,

(d) the date on which a separation agreement was entered into by them, or

(e) such other date as may be established by the woman.]

(3) Notwithstanding subsection (1) of this section, where—

F19[(a) the birth of a child is registered in a register maintained under the Civil Registration Act 2004, and]

(b) the name of a person is entered as the father of the child on the register so maintained,

then the person whose name is so entered shall be presumed to be the father of the child unless the contrary is proved on the balance of probabilities.

(4) For the purposes of subsection (1) of this section “subsisting marriage” shall be construed as including a voidable marriage and the expression “the termination, by death or otherwise, of a marriage” shall be construed as including the annulment of a voidable marriage.

F20[(5) In this section, ‘decree of judicial separation’ means a decree under section 3 of the Judicial Separation and Family Law Reform Act 1989.]

47.—(1) The evidence of a husband or wife shall be admissible in any proceedings to prove that marital intercourse did or did not take place between them during any period.

(2) The proviso to section 3 of the Evidence Further Amendment Act, 1869, is hereby repealed.

48.—F21[…]

49.—The Births and Deaths Registration Act (Ireland), 1880, is hereby amended by the substitution for section 7 of the following sections:

50.—The Births and Deaths Registration Acts, 1863 to 1972, and this Part shall be construed together as one and may be cited together as the Births and Deaths Registration Acts, 1863 to 1987.