Australian Capital Territory Current Acts

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PARENTAGE ACT 2004 - SECT 34

Order to carry out medical tests

    (1)     The court may make an order (a parentage testing order ) requiring stated medical tests that are relevant to establishing the parentage of the child to be carried out on a stated person within a stated time and in accordance with any stated conditions.

    (2)     The court may make the parentage testing order—

        (a)     on its own initiative; or

        (b)     on the application of a party to the proceeding; or

        (c)     if the child is not a party—on the application of the child.

    (3)     If the child makes an application, the child must be joined as a party to the proceeding.

    (4)     When deciding whether to make the parentage testing order, the court must take into account any objection made on medical, religious or other grounds by the person to whom a copy of the order must be given.

    (5)     A copy of the parentage testing order must be given—

        (a)     if the stated person is under 18 years old—to the person who has custody of the stated person; or

        (b)     if the stated person is of unsound mind or for any other reason incapable of consenting to having the medical tests carried out—to the person who has the care and control of the stated person; or

        (c)     in any other case—to the stated person.

    (6)     The court may at any time revoke or vary the parentage testing order.



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