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StatuteCare of Children Act 2004

Section Sch3 — Care of Children Act 2004: Amendments to Family Proceedings Act 1980 (parentage tests in civil proceedings)

Text of the provision Official document

Schedule 3 Amendments to Family Proceedings Act 1980 (parentage tests in civil proceedings) s 150 Section 2 Repeal the definition of blood tests . Insert, in their appropriate alphabetical order, the following definitions: “ blood sample means any of the following, taken in accordance with normal medical procedures “ (a) a fingerprick sample (that is, a sample of capillary blood taken from the tip of a finger or thumb); or “ (b) a venous sample (that is, a sample of venous blood); or “ (c) any other sample of blood “ buccal sample means a sample of epithelial cells from inside the mouth taken by a device, or provided by other means “ DNA profile , in relation to a person ( person A ), means information derived from an analysis of a sample of genetic material obtained from person A, being information— “ (a) that is clearly identifiable as relating to person A; and “ (b) that is able to be compared with information obtained from an analysis (using the same technique) of another sample of genetic material obtained from another person ( person B ) for the purpose of determining, with reasonable certainty, whether or not the relationship of natural parent and child exists between person A and person B “ parentage tests means tests carried out on blood samples or buccal samples to help to determine the parentage of a child ” . Repeal the definition of report on blood tests and substitute the following definition: “ report on parentage tests means a report compiled under section 54 ” . Heading before section 54 Omit the word “ Blood ” and substitute the word “ Parentage ” . Section 54 Omit from the heading the word “ Blood ” and substitute the word “ Parentage ” . Omit from subsections (1)(a) and (b) and (2)(a) and (b) the word “ blood ” wherever it occurs and substitute in each case the word “ parentage ” . Section 55 Omit from subsection (1) the words “ blood tests ” where they first occur and substitute the words “ parentage tests ” . Insert in subsection (1)(b) , after the words “ blood sample ” , the words “ or buccal sample ” . Repeal subsection (1)(c) and (d) and substitute: “ (c) must state the systems used to analyse the blood sample or buccal sample, for example,— “ (i) any of the following systems for analysing blood samples, namely, ABO, Rh, MNSs, Duffy, Kidd, Kell, Haptoglobins, Gc's, and phosphoglucomutase; or “ (ii) a system of comparison of DNA profiles for analysing blood samples or buccal samples; and ” . Omit from subsections (1)(e) and (f) , (2) , and (3) the word “ blood ” wherever it occurs, and substitute in each case the word “ parentage ” . Section 56 Omit the word “ blood ” in both places where it occurs and substitute in each case the word “ parentage ” . Section 57 Omit from the heading the word “ blood ” and substitute the word “ parentage ” . Omit from subsections (1) and (2) the word “ blood ” wherever it occurs and substitute in each case the word “ parentage ” . Section 58 Omit from the heading the word “ blood ” and substitute the word “ parentage ” . Insert, after the word “ samples ” , the words “ or buccal samples ” . Section 59 Omit from the heading the word “ blood ” and substitute the word “ parentage ” . Insert, after the word “ sample ” , the words “ or buccal sample ” . Omit the word “ blood ” in the second place where it occurs and substitute the word “ parentage ” . Section 187 Omit from paragraphs (d) , (e) , and (f) the word “ blood ” wherever it occurs and substitute in each case the word “ parentage ” .

Official source: legislation.govt.nz

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