Family Proceedings Act 1980

Children - Parentage tests in civil proceedings

54: Parentage tests

You could also call this:

"Tests to find out who a child's parents are"

Illustration for Family Proceedings Act 1980

If you are in a court case about who a child's parents are, the court can suggest that parentage tests be done. The court can ask for these tests to be done on the child and anyone who might be the child's natural parent. The results of the tests will be written up in a report and given to the court. The court can also delay the court case to give time for the parentage tests to be done and the report to be written. You can have the tests done by anyone who is qualified to do them. If you are 16 or older, you can agree to have the tests done yourself. A Family Court Associate has the same power as a Family Court Judge to make decisions about parentage tests.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40455.


Previous

53: False statement in application for paternity order, or

"Telling lies when applying for a paternity order can get you in trouble"


Next

55: Contents of report, or

"What a Parentage Test Report Must Include"

Part 5Children
Parentage tests in civil proceedings

54Parentage tests

  1. In any civil proceedings (whether under this Act or not) in which the parentage of a child is in issue,—

  2. the court may, of its own motion or on the application of a party to the proceedings, recommend that parentage tests be carried out on—and that a report of the results be compiled, by a person who is qualified to compile such a report, and submitted to the court; and
    1. the child; and
      1. any person who may be a natural parent of the child—
      2. whether or not the court has made a recommendation under paragraph (a), the court may, of its own motion or on the application of a party to the proceedings, adjourn the proceedings in order to allow time for such parentage tests to be carried out and for such a report to be compiled and submitted to the court.
        1. For the purposes of this section,—

        2. parentage tests may be carried out by any person or persons who are qualified to do so, whether or not any of them is the person by whom the report is compiled; and
          1. the consent of a minor who has attained the age of 16 years to submit to parentage tests shall have the same effect as the consent of a person of full age.
            1. A Family Court Associate has the jurisdiction and powers of a Family Court Judge under subsection (1) in respect of an application made by a party to the proceedings.

            Notes
            • Section 54 heading: amended, on , by section 150 of the Care of Children Act 2004 (2004 No 90).
            • Section 54(1)(a): amended, on , by section 150 of the Care of Children Act 2004 (2004 No 90).
            • Section 54(1)(b): amended, on , by section 150 of the Care of Children Act 2004 (2004 No 90).
            • Section 54(2)(a): amended, on , by section 150 of the Care of Children Act 2004 (2004 No 90).
            • Section 54(2)(b): amended, on , by section 150 of the Care of Children Act 2004 (2004 No 90).
            • Section 54(3): inserted, on , by section 47 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).