PART VIMiscellaneous and Supplemental

Miscellaneous

29Evidence of paternity in civil proceedings

(1)

Section 12 of the M1Civil Evidence Act 1968 (which relates to the admissibility in evidence in civil proceedings of the fact that a person has been adjudged to be the father of a child in affiliation proceedings) shall be amended as follows.

(2)

For paragraph (b) of subsection (1) there shall be substituted the following paragraph—

“(b)

the fact that a person has been found to be the father of a child in relevant proceedings before any court in England and Wales or has been adjudged to be the father of a child in affiliation proceedings before any court in the United Kingdom;”.

(3)

In subsection (2) for the words "to have been adjudged" there shall be substituted the words "to have been found or adjudged and for the words "matrimonial or affiliation proceedings" there shall be substituted the words "other proceedings".

(4)

In subsection (5) after the definition of "matrimonial proceedings" there shall be inserted the following definition—

“'relevant proceedings' means—

(a)

proceedings on a complaint under section 42 of the M2National Assistance Act 1948 or section 26 of the M3Social Security Act 1986;

(b)

proceedings on an application for an order under any of the following, namely—

  1. (i)

    section 6 of the M4Family Law Reform Act 1969;

  2. (ii)

    the M5Guardianship of Minors Act 1971;

  3. (iii)

    section 34(1)(a), (b) or (c) of the M6Children Act 1975;

  4. (iv)

    section 47 of the M7Child Care Act 1980; and

  5. (v)

    section 4 of the Family Law Reform Act 1987;

(c)

proceedings on an application under section 35 of the said Act of 1975 for the revocation of a custodianship order;”.