(1)This section applies where, for the purpose of obtaining evidence relating to the determination of parentage in civil proceedings, a [F1sample of blood or other body fluid or of body tissue] is sought by a party to the proceedings or by a curator ad litem.
(2)Where [F2such a] sample is sought from a [F3child under the age of 16 years], consent to the taking of the sample may be given by his [F4any person having parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him or having]care and control of him.
(3)Where [F2such a] 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 [F2such a] sample from any person unless the court is satisfied that the taking of the sample would not be detrimental to the person’s health.
Textual Amendments
F1Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 47), s. 70(3)(a)(4)
F2Words substituted by Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40, SIF 47), s. 70(3)(b)(4)
F3Words in s. 6(2) substituted by Age of Legal Capacity (Scotland) Act 1991 (c. 50, SIF 49:8), s. 10(1), Sch. 1 para. 42 (with s. 1(3)).
F4Words in s. 6(2) substituted (1.11.1996) by 1995 c. 36, s. 105(5), Sch. 5 (with s. 103(1)); S.I. 1996/2203, art. 3(3), Sch.