Schedule

FORM 1

FAMILY LAW REFORM ACT 1969

An explanation of the use of blood tests in paternity disputes (M.C.(B.T.) Rules 1971, r.3.)

Introduction

In a case where there is dispute the paternity of child blood tests may provide important evidence and courts now have power to order thier use if a party in a case asks for them. This leaflet explains about blood tests and how to get them.

Evidence from blood tests

A small amount of blood is taken from the mother, her child and the man said to be the child's father. Tests upon this blood can show that the man is not the father of the child. They cannot definitely prove that a man is the father, but they can in some cases show that he is likely to be the father. Giving blood for this purpose is simple and not harmful to the health.

Applying for blood tests

Any party in a case where the paternity of a child is disputed can apply for blood tests. If both parties agree, the court may order tests before the case is heard. If one party does not agree, the case must come before the court which will then decide whether or not to order tests.

Refusal to comply with an order

No-one can be forced to give a blood sample. But if a person does not comply with the court's order, the court will consider his reason, and if it does not think he has good reason for not complying, it can draw its own conclusions. One of these may be that the person knew that the result of tests might not support his case.

Arrangements for giving blood

When blood tests are ordered, the parties (and the person looking after the child, if not one of the parties) will be told to attend a named doctor at a stated time and place. Anyone who cannot keep the appointment must tell the doctor immediately so that another appointment can be made. Failure to do this may be taken as a refusal to undergo tests. It is important that the three samples of blood are taken by the same doctor at the same time. Distance may make this impossible, but if the mother, child and man said to be the father are living in the same area they will have to attend the same doctor on the same day.

Identifiction of parties

It is essential that the right people are tested. For this purpose a passport size photograph must be provided of all parties over 12 months old. A child under 12 months is identified by the person who is looking after it. Giving a blood sample instead of someone else or allowing the wrong child to be tested is a serious offence. The penalty is a fine of up to £400 or imprisonment for up to two years. The blood test itself can show that the wrong person has been tested.

Cost of blood tests

The cost of blood tests may be as much as £36. This must be paid by the person asking for the tests before they will be carried out. However, a party to case where the paternity of a child is disputed may be entitled to legal aid, and if he or she is, the cost of the test may be paid by the legal aid fund. Anyone involved in this type of case should consult a solicitor about this possiblity.

Effect of blood transfusion

Blood transfusion within 3 months of the tests can effect their value. If a person has had a recent transfusion, his solicitor or the clerk of the court should be informed before the court order tests.

Report

When tests have been carried out, the tester will send a written report to the court and a copy of this will be sent to the parties to the case.

Further information

Further information about the procedure may be obtained from a solicitor or from the clerk of the court which is dealing with the case.

FORM 2

Blood test direction (M.C.(B.T.) Rules 1971, r.7.)

FAMILY LAW REFORM ACT 1969

FORM 3

Requirement to give blood sample (M.C.(B.T.) Rules 1971, r.12.)

FAMILY LAW REFORM ACT 1969