CHAPTER
130
STATUS OF CHILDREN |
ARRANGEMENT OF
SECTIONS |
PART I
PRELIMINARY |
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PART II
EQUAL STATUS OF CHILDREN |
All children of equal status. |
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PART III
ESTABLISHMENT OF PATERNITY |
Presumptions of paternity. |
Determination of paternity in void marriages. |
Application for declaration of paternity. |
Application for declaration of paternity where
no presumption. |
Acknowledgement against interest. |
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PART IV
MISCELLANEOUS |
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PART V
TRANSITIONAL PROVISIONS |
Transitional provisions regarding dispositions. |
Amendment of prior registration. |
CHAPTER 130 |
STATUS OF CHILDREN |
An Act to
reform the law relating to children by providing for their equal status. | 6 of 2002 |
[Assent 31st
January, 2002] |
[Commencement 1st
February, 2002] |
PART I
PRELIMINARY |
1. This Act may be cited as the Status of Children
Act, 2002. | Short title. |
2. In this Act- | Interpretation. |
"blood
tests" means blood tests carried out and includes any test made with the
object of ascertaining the inheritable characteristics of blood; |
"court"
means the Supreme Court; |
"parent"
in relation to a father or mother, as the circumstances require, includes an
adoptive father or mother. |
PART II
EQUAL STATUS OF CHILDREN |
3. (1) Subject to the provisions of sections 6 and 16,
for all the purposes of the law of The Bahamas the relationship between every
person and his father and mother shall be determined irrespective of whether
the father and mother are or have been married to each other, and all other
relationships shall be determined accordingly. | All children of equal
status. |
(2) The rule of
construction whereby in any instrument words of relationship signify only
legitimate relationship in the absence of a contrary expression of intention is
hereby abolished. |
(3) Nothing in the
section shall affect or limit in any way any rule of law relating to- |
(a) the domicile of any person; |
(b) the
citizenship of any persons; |
(c) the
provisions of the Adoption of Children Act which determine the relationship to
any other person of a person who has been adopted; |
(d) the
construction of the word "heir" or of any expression which is used to
create an entailed interest in real or personal property. |
4. The parent and child relationship as determined in
accordance with section 3 shall for all purposes be followed in the
determination of other kindred relationships flowing therefrom. | Kindred relationships. |
5. Unless a contrary intention appears, any reference in
an enactment or instrument to a person or class of persons described in terms
of relationships by blood or marriage to another person shall be construed to
refer to or include a person who comes within the description by reason of the
relationship of parent and child as determined in accordance with sections 3
and 4. | Rule of construction. |
6. Subject to subsection (3) of section 3, this section
shall apply in respect of every person, whether born before or after the
commencement of this Act, and whether born in The Bahamas or not, and whether
or not his father or mother has ever been domiciled in The Bahamas. | Application. |
PART III
ESTABLISHMENT OF PATERNITY |
7. (1) Unless the contrary is proven on a balance of
probabilities, there is a presumption that a male person is, and shall be
recognised in law to be, the father of a child in any one of the following
circumstances- | Presumptions of paternity. |
(a) the person
was married to the mother of the child at the time of its birth; |
(b) the person
was married to the mother of the child and that marriage was terminated by
death or judgment of nullity within 280 days before the birth of the child, or
by divorce where the decree nisi was granted within 280 days before the
birth of the child; |
(c) the person
marries the mother of the child after the birth of the child and acknowledges
that he is the natural father; |
(d) the person
was cohabiting with the mother of the child in a relationship of some
permanence at the time of the birth of the child, or the child is born within
280 days after they ceased to cohabit; |
(e) the person
has been adjudged or recognised in his lifetime by a court of competent
jurisdiction to be the father of the child; |
(f) the person
has, by affidavit sworn before a justice of the peace or a notary public or by
other document duly attested and sealed, together with a declaration by the
mother of the child contained in the same instrument confirming that the person
is the father of the child, admitted paternity, but such affidavit or other
document shall be of no effect unless it has been recorded with the Registrar
General; |
(g) the person
has acknowledged in proceedings for registration of the child, in accordance
with the law relating to the registration of births, that he is the father of
the child; |
(h) the mother
of the child and a person acknowledging that he is the father of the child have
signed and executed a deed to this effect in the presence of a counsel and
attorney, but such a deEd shall be of no effect unless it is notarised and
recorded with the Registrar General prior to the death of the person
acknowledging himself to be the father; |
(i) a person
who is alleged to be the father of the child has given written consent to that
child adopting his name in accordance with the law relating to the change of
name; or |
(j) a person
who is alleged to be the father of the child has by his conduct implicitly and
consistently acknowledged that he is the father of the child. |
(2) Where
circumstances exist that give rise to presumptions of paternity in respect of
more than one father, no presumption shall be made as to paternity. |
8. For the purposes of section 7, where a man and a
woman, in good faith, go through a form of marriage that is void, they shall be
deemed to be married for the period during which they cohabit, and the
presumption referred to in paragraph (b) of section 7(1) applies accordingly. | Determination of paternity
in void marriages. |
9. (1) Any person who - | Application for declaration
of paternity. |
(a) being a
woman, alleges that any named person is the father of her child; |
(b) alleges
that the relationship of father and child exists between himself and any other
person; or |
(c) being a
person having a proper interest in the result, wishes to have it determined
whether the relationship of father and child exists between two named persons, |
may apply in
such other manner as may be prescribed by rules of court to the court for a
declaration of paternity, and if it is proved to the satisfaction of the court
that the relationship exists the court may make a declaration of paternity
whether or not the father or the child or both of them are living or dead. |
(2) Where a
declaration of paternity under subsection (1) is made after the death of the
father or of the child, the court may at the same or any subsequent time make a
declaration determining, for the purposes of paragraph (f) of subsection (1) of
section 7, whether any of the requirements of that paragraph have been
satisfied. |
10. (1) Where there is no person presumed under
section 7 to be the father of a child, any person may apply to the court for a
declaration that a male person is his father, or any male person may apply to
the court for a declaration that a person is his child. | Application for declaration
of paternity where no presumption. |
(2) An application
may not be made under subsection (1) unless both persons, in respect of whom
the relationship is sought to be established, are living. |
(3) Where the
court finds, on a balance of probabilities, that the relationship of father and
child has been established, the court may make a declaratory order to that
effect, and, subject to sections 12 and 13, that order shall be recognised for
all purposes. |
11. A written acknowledgement of parentage that is
admitted in evidence in any civil proceeding against the interest of a person
making acknowledgement is prima facie proof of that fact. | Acknowledgement against
interest. |
12. Where a declaration has been made under section 9
or 10 and evidence becomes available that was not available at the previous
hearing, the court may, upon application for the variation or discharge of such
declaration, vary or discharge that declaration or give such directions as are
ancillary thereto. | Effect of new evidence. |
13. An appeal lies from a declaration under section 9
or 10 or a decision under section 12 to the Court of Appeal. | Appeals. |
14. (1) Where an application is made to the court to
determine the parentage of a child, the court may give directions to the
applicant to obtain blood tests of such persons as the court specifies and to
submit the results in evidence. | Blood tests. |
(2) Any directions
given under subsection (1) may be given subject to such terms and conditions as
the court determines. |
(3) Where
directions are given under subsection (1) and a person named therein refuses to
submit to the blood tests, the court may draw such inferences as it thinks
appropriate. |
(4) A person
specified in directions granting leave to obtain blood tests under subsection
(1) shall be deemed to have consented- |
(a) where the
person is a minor, but- |
(i) understands
the nature and purpose of the blood tests and consents thereto; or |
(ii) the
person having his charge consents; and |
(b) where the
person is without capacity for any reason other than minority, if the person
having his charge consents and a medical practitioner certifies that the giving
of a blood sample would not be prejudicial to his proper care and treatment. |
PART IV
MISCELLANEOUS |
15. The Rules Committee established under section 75
of the Supreme Court Act may make rules- | Rules. |
(a) respecting
blood tests for which directions are given under section 14, including, without
limiting the generality of the foregoing- |
(i) the
method of taking blood samples and the handling, transportation and storage
thereof; |
(ii) the
conditions under which a blood sample may be tested; |
(iii) designating
the persons who are authorised to conduct blood tests and the facilities that
may be used in connection therewith; |
(iv) the
procedure in respect of the admission of reports of blood tests in evidence; |
(v) the
prescribed forms to be used for the purposes of section 14; and |
(b) generally
to give effect to this Act. |
PART V
TRANSITIONAL PROVISIONS |
16. (1) All dispositions made before the commencement
of this Act shall be governed by the enactments and rules of law which would
have applied to them if this Act had not been passed. | Transitional provisions
regarding dispositions. |
(2) Where any
disposition to which subsection (1) applies creates a special power of
appointment, nothing in this Act shall extend the class of persons in whose
favour the appointment may be made, or cause the exercise of the power to be
construed so as to include any person who is not a member of that class. |
(3) The estates of
all persons who have died intestate as to the whole or any part thereof before
the commencement of this Act shall be distributed in accordance with any
enactments and rules of law which would have applied to them as if this Act had
not been passed. |
(4) In this
section "disposition" means a disposition of real or personal
property whether inter vivos or by will or codicil executed before the
commencement of this Act. |
17. Nothing in this Act shall be construed to require
the Registrar General to amend any prior registration showing parentage other
than in recognition of an order made under section 9, 10 or 12. | Amendment of prior
registration. |