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Law Reform (Parent and Child) (Scotland) Act 1986

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This is the original version (as it was originally enacted).

6Determination of parentage by blood sample

(1)This section applies where, for the purpose of obtaining evidence relating to the determination of parentage in civil proceedings, a blood sample is sought by a party to the proceedings or by a curator ad litem.

(2)Where a blood sample is sought from a pupil child, consent to the taking of the sample may be given by his tutor or any person having custody or care and control of him.

(3)Where a blood sample is sought from any person who is incapable of giving consent, the court may consent to the taking of the sample where—

(a)there is no person who is entitled to give such consent, or

(b)there is such a person, but it is not reasonably practicable to obtain his consent in the circumstances, or he is unwilling to accept the responsibility of giving or withholding consent.

(4)The court shall not consent under subsection (3) above to the taking of a blood sample from any person unless the court is satisfied that the taking of the sample would not be detrimental to the person's health.

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