Family Law Reform Act 1969

20 Power of court to require use of blood tests. E+W

[F1 (1) In any civil proceedings in which the paternity of any person falls to be determined by the court hearing the proceedings, the court may, on an application by any party to the proceedings, give a direction for the use of blood tests to ascertain whether such tests show that a party to the proceedings is or is not thereby excluded from being the father of that person and for the taking, within a period to be specified in the direction, of blood samples from that person, the mother of that person and any party alleged to be the father of that person or from any, or any two, of those persons.

A court may at any time revoke or vary a direction previously given by it under this section.]

[F1 (1) In any civil proceedings in which the parentage of any person falls to be determined, the court may, either of its own motion or on an application by any party to the proceedings, give a direction—

(a) for the use of scientific tests to ascertain whether such tests show that a party to the proceedings is or is not the father or mother of that person; and

(b) for the taking, within a period specified in the direction, of bodily samples from all or any of the following, namely, that person, any party who is alleged to be the father or mother of that person and any other party to the proceedings;

and the court may at any time revoke or vary a direction previously given by it under this subsection.]

[F2 [F3 (1A) Where—

(a) an application is made for a direction under this section; and

(b) the person whose paternity is in issue is under the age of eighteen when the application is made,

the application shall specify who is to carry out the tests.

(1B) In the case of a direction made on an application to which subsection (1A) applies the court shall]—

[F3 (1A) An application for a direction under this section shall specify who is to carry out the tests.

(1B) A direction under this section shall]

(a) specify, as the person who is to carry out the tests, the person specified in the application; or

(b) where the court considers that it would be inappropriate to specify that person (whether because to specify him would be incompatible with any provision made by or under regulations made under section 22 of this Act or for any other reason), decline to give the direction applied for.]

[F4 (2) The person responsible for carrying out blood tests taken for the purpose of giving effect to a direction under this section shall make to the court by which the direction was given a report in which he shall state—

(a) the results of the tests;

(b) whether the party to whom the report relates is or is not excluded by the results from being the father of the person whose paternity is to be determined; and

(c) if that party is not so excluded, the value, if any, of the results in determining whether that party is that person’s father;

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

[F4 (2) The person responsible for carrying out scientific tests in pursuance of a direction under subsection (1) above shall make to the court a report in which he shall state—

(a) the results of the tests;

(b) whether any party to whom the report relates is or is not excluded by the results from being the father or mother of the person whose parentage is to be determined; and

(c) in relation to any party who is not so excluded, the value, if any, of the results in determining whether that party is the father or mother of that person;

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

(2A) Where the proceedings in which the parentage of any person falls to be determined are proceedings on an application under section 56 of the M1 Family Law Act 1986, any reference in subsection (1) or (2) of this section to any party to the proceedings shall include a reference to any person named in the application.]

(3) A report under subsection (2) of this section shall be in the form prescribed by regulations made under section 22 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 amplifying any statement made in the report, and that statement shall be deemed for the purposes of this section (except subsection (3) thereof) to form part of the report made to the court.

(5) Where a direction is given under this section in any proceedings, a party to the proceedings, unless the court otherwise directs, shall not be entitled to call as a witness the person responsible for carrying out the tests taken for the purpose of giving effect to the direction, or any person by whom any thing necessary for the purpose of enabling those tests to be carried out was done, unless within fourteen 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; and where any such person is called as a witness the party who called him shall be entitled to cross-examine him.

(6) Where a direction is given under this section the party on whose application the direction is given shall pay the cost of taking and testing [F5 blood samples][F5 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 the purpose), and of making a report to the court under this section, but the amount paid shall be treated as costs incurred by him in the proceedings.

Textual Amendments

F1 S. 20(1) beginning “In any civil proceedings in which the parentage ” substituted (prosp.) for s. 20(1) beginning “In any civil proceedings in which the paternity ” by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 23, 34(2)(5)

F2 S. 20(1A)(1B) inserted (prosp.) by Children Act 1989 (c. 41, SIF 20), ss. 89, 108 (with Sch. 14 para. 1(1))

F3 Words “(1A) An application ” to “section shall ” substituted (prosp.) for words “(1A) Where ” to “the court shall ” by Courts and Legal Services Act 1990 (c. 41, SIF 76:1), s. 116, Sch. 16 para. 3

F4 S. 20(2)(2A) substituted (prosp.) for s. 20(2) by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 23, 34(2)(5)

F5 Words “bodily samples ” substituted (prosp.) for words “blood samples ” by Family Law Reform Act 1987 (c. 42, SIF 49:7), ss. 33(1), 34(2)(5), Sch. 2 para. 21

Modifications etc. (not altering text)

C1 S. 20 excluded by Maintenance Orders (Reciprocal Enforcement) Act 1972 (c. 18), s. 44(1)

Marginal Citations

M1 1986 c.55 (49:7).