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13 |
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Second
Session, 46th General Assembly 58
Elizabeth II, 2009 |
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AN ACT TO AMEND THE
CHILDREN'S LAW ACT |
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Received and Read the First Time................................................................................................... |
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Second |
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Committee............................................................................................................................................ |
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Third |
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Royal Assent...................................................................................................................................... |
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HONOURABLE THOMAS W. MARSHALL, Q.C. Minister of Justice and Attorney General |
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Ordered
to be printed by the Honourable House of Assembly |
EXPLANATORY NOTES This Bill would amend the Children's Law Act respecting declaratory orders of parentage when the alleged father of a child is deceased. Clause 1 of the Bill would repeal subsection 7(5) of the Act which currently requires the father to be living when a declaratory order is sought. Subsection 7(6) of the Act would be repealed consequential to the repeal of subsection (5), and subsection 7(7) would be consequentially amended. In clause 2 of the Bill, a provision would be added to section 8 of the Act allowing for consent of a deceased person's executor, administrator or nearest relative when genetic testing is sought respecting parentage. This change would be necessary and is consequential to allowing for declaratory orders of parentage when an alleged father of a child is deceased. |
A BILL AN ACT TO AMEND THE CHILDREN'S LAW ACT Analysis 1.
S.7 Amdt. 2.
S.8 Amdt. Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: RSNL1990 cC-13 as amended 1. (1) Subsections 7(5) and (6) of the Children's Law Act are repealed. (2) Subsection 7(7) of the Act is repealed and the following substituted: (7) Nothing in this section prevents an application under this section before the birth of the child. 2. Section 8 of the Act is amended by adding immediately after subsection (2) the following: (2.1) Where a person named by the court is incapable of consenting to genetic testing due to his or her death, the consent of that person's executor, administrator or nearest relative shall be considered sufficient. ŠEarl G. Tucker, Queen's Printer |