HL Deb 08 November 1989 vol 512 c832

232D Before Clause 64, insert the following new clause—

Tests to establish paternity.

'Paternity tests

. —In section 20 of the Family Law Reform Act 1969 (power of court to require use of tests to determine paternity), the following subsections shall be inserted after subsection (1)— (1A) Where—

  1. (a) an application is made for a direction under this section; and
  2. (b) the person whose paternity is in issue is under the age of eighteen when the application is made,
the application shall specify who is to carry out the tests.

(1B) In the case of a direction made on an application to which subsection (IA) applies the court shall —

  1. (a) specify, as the person who is to carry out the tests, the person specified in the application; or
  2. (b) where the court considers that it would be inappropriate to specify that person (whether because to specify him would be incompatible with any provision made by or under regulations made under section 22 of this Act or for any other reason), decline to give the direction applied for.".

The Lord Chancellor

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 232D. The new clause amends the Family Law Reform Act 1969 so as to provide that, where a person applies to a court for a direction for blood tests to be carried out in order to settle a dispute over paternity, the applicant shall nominate the person whom he wishes to carry out the tests.The court, when making a direction on such an application, shall either specify that the person so nominated shall carry out the tests or shall decline to give the direction applied for.

As your Lordships will know, this matter of testing is now something that is offered by quite a number of people, and we want to give some control of the matter to he court in this particular way.

Moved, that the House do agree with the Commons in the said amendment. —(The Lord Chancellor.

On Question, Motion agreed to.