13

 


Second Session, 46th General Assembly

58 Elizabeth II, 2009

BILL 13

AN ACT TO AMEND THE CHILDREN'S LAW ACT

Received and Read the First Time...................................................................................................

Second Reading.................................................................................................................................

Committee............................................................................................................................................

Third Reading.....................................................................................................................................

Royal Assent......................................................................................................................................

HONOURABLE THOMAS W. MARSHALL, Q.C.

Minister of Justice and Attorney General

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  Subsection 7(6) of the Act would be repealed consequential to the repeal of subsection (5), and subsection 7(7) would be consequentially amended.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.
Declaration of fatherhood

        2.   S.8 Amdt.
Blood tests


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 (1) Subsections 7(5) and (6) of the Children's Law Act are repealed.

             (2)  Subsection 7(7) of the Act is repealed and the following substituted: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.