Law Reform (Parent and Child) (Scotland) Act 1986
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Change 1
6 Determination of parentage by blood sample.
(1) This section applies where, for the purpose of obtaining evidence relating to the determination of parentage in civil proceedings, a sample 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 such a sample is sought from a child under the age of 16 years, consent to the taking of the sample may be given by his any person having parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him or havingcare and control of him. (3) Where such 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 such 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.
6 Determination of parentage by blood sample.
(1) This section applies where, for the purpose of obtaining evidence relating to the determination of parentage in civil proceedings, a sample 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 such a sample is sought from a child under the age of 16 years, consent to the taking of the sample may be given by his any person having parental responsibilities (within the meaning of section 1(3) of the Children (Scotland) Act 1995) in relation to him or havingcare and control of him. (3) Where such 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 such 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.
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