Second

Session, 46th General Assembly

Elizabeth II, 2009

BILL 13

AN ACT TO AMEND THE

CHILDREN'S LAW ACT

Received and Read the First Time ...................................................................................................

Second Reading .................................................................................................................................

Committee ............................................................................................................................................

Third Reading .....................................................................................................................................

Royal Assent ......................................................................................................................................

HONOURABLE THOMAS W. MARSHALL, Q.C .

Minister of Justice and Attorney General

Ordered

to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Children's Law Act respecting declaratory

orders of parentage when the alleged father of a child is deceased.

Clause 1 of the Bill would repeal

subsection 7(5) of the Act which currently requires the father to be living

when a declaratory order is sought.

Subsection 7(6) of the Act would be repealed consequential to the repeal

of subsection (5), and subsection 7(7) would be consequentially amended.

In clause 2 of the Bill, a provision

would be added to

section 8 of the Act allowing for consent of a deceased

person's executor, administrator or nearest relative when genetic testing is

sought respecting parentage. This change

would be necessary and is consequential to allowing for declaratory orders of

parentage when an alleged father of a child is deceased.

A BILL

AN ACT TO AMEND THE CHILDREN'S LAW ACT

Analysis

S.7 Amdt.

Declaration of fatherhood

S.8 Amdt.

Blood tests

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cC-13 as

amended

1. (1) Subsections 7(5) and (6) of the Children's Law Act are repealed.

(2) Subsection 7(7) of the Act is repealed and the

following substituted:

(7) Nothing in this

section prevents an

application under this

section before the birth of the child.

Section 8 of the Act is amended by adding

immediately after subsection (2) the following:

(2.1) Where a person named by the court is incapable

of consenting to genetic testing due to his or her death, the consent of that

person's executor, administrator or nearest relative shall be considered

sufficient.

Earl G. Tucker, Queen's Printer