Article 11 Failure to comply with direction for taking blood tests
Where a court gives a direction under Article 8 and any person fails to take any step required of him for the purpose of giving effect to the direction, the court may draw such inferences, if any, from that fact as appear proper in the circumstances.
Where, in any proceedings in which theF1 parentage of any person falls to be determined by the court hearing the proceedings, there is a presumption of law that that person is legitimate, then if—
a direction is given under Article 8 in those proceedings, and
any party who is claiming any relief in the proceedings and who for the purpose of obtaining that relief is entitled to rely on the presumption fails to take any step required of him for the purpose of giving effect to the direction,
the court may adjourn the hearing for such period as it thinks fit to enable that party to take that step, and if at the end of that period he has failed without reasonable cause to take it the court may, without prejudice to paragraph (1), dismiss his claim for relief notwithstanding the absence of evidence to rebut the presumption.
Where any person named in a direction under Article 8, fails to consent to the taking of a bodily sample from himself or from any person named in the direction of whom he has the care and control, he shall be deemed for the purposes of this Article to have failed to take a step required of him for the purpose of giving effect to the direction.