(1) If the parentage
of a child is a question in issue in proceedings under this Act, the court
hearing the proceedings may make an order (a parentage testing order )
requiring a parentage testing procedure to be conducted in relation to a
person mentioned in subsection (3) for the purpose of obtaining information to
assist in determining the parentage of the child.
(2) The court hearing
the proceedings referred to in subsection (1) may make a parentage testing
order —
(a) on
its own initiative; or
(b) on
the application of —
(i)
a party to the proceedings; or
(ii)
an independent children’s lawyer representing the
child’s interests under an order made under section 164.
(3) A parentage
testing order may be made in relation to —
(a) the
child; or
(b) a
person known to be the mother of the child; or
(c) any
other person, if the court hearing the proceedings referred to in subsection
(1) is of the opinion that, if the parentage testing procedure were to be
conducted in relation to the person, the information that could be obtained
might assist in determining the parentage of the child.
(4) A parentage
testing order may be made subject to terms and conditions.
(5) This section does
not affect the generality of section 194.
[Section 195 amended: No. 35 of 2006 s. 138.]