Family Proceedings Act 1980

Children - Parentage tests in civil proceedings

57: Refusal of parentage tests

You could also call this:

"What happens if someone refuses to take a parentage test in a court case"

Illustration for Family Proceedings Act 1980

In a court case about who a child's parents are, you might hear about parentage tests. If someone refuses to take these tests, the court can hear evidence about this refusal. The court can also hear from the person who refused the tests and their reasons for doing so. If someone under 16 years old refuses the tests, the court hears from the person who can make decisions for them. The court can then decide what to think about the refusal to take the tests. You can explain why you refused the tests and question other witnesses. The court will make a decision based on what it thinks is fair in the situation. You have the right to say why you did not want to take the parentage tests. The court's decision will consider what you say and the circumstances of the case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40466.


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Part 5Children
Parentage tests in civil proceedings

57Refusal of parentage tests

  1. In any civil proceedings in which the natural parentage of a child is in issue, whether or not a recommendation has been made under section 54(1) that parentage tests should be carried out on a person, evidence may be given to the court as to the refusal of that person to consent (or, where the person is under 16 years of age, as to the refusal to consent to such parentage tests of the person who is competent to do so on that person's behalf).

  2. Subject to the right of the person who refuses to consent to the parentage tests to explain the reasons for that person's refusal, and to cross-examine witnesses and call evidence, the court may draw such inferences (if any) from the fact of refusal as appear to it to be proper in the circumstances.

Notes
  • Section 57 heading: amended, on , by section 150 of the Care of Children Act 2004 (2004 No 90).
  • Section 57(1): amended, on , by section 50 of the Family Court (Family Court Associates) Legislation Act 2023 (2023 No 25).
  • Section 57(1): amended, on , by section 150 of the Care of Children Act 2004 (2004 No 90).
  • Section 57(2): amended, on , by section 150 of the Care of Children Act 2004 (2004 No 90).