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Maintenance Act, 1998 (Act No. 99 of 1998)

Chapter 4 : Maintenance and other Orders

Orders

21. Orders relating to scientific tests regarding paternity

 

(1) If the maintenance officer is of the opinion—
(a) that the paternity of any child is in dispute;
(b) that the mother of such child as well as the person who is allegedly the father of such child are prepared to submit themselves as well as such child, if the mother has parental authority over the said child, to the taking of blood samples in order to carry out scientific tests regarding the paternity of that child; and

(c)        that such mother or such person or both such mother and such person are unable to pay the costs involved in the carrying out of such scientific tests,

the maintenance officer may at any time during the enquiry in question, but before the maintenance court makes any order under section 16, request the maintenance court to hold an enquiry referred to in subsection (2).

 

(2) If the maintenance officer so requests, the maintenance court may in a summary manner enquire into—
(a) the means of the mother of the child as well as the person who is allegedly the father of the child; and
(b) the other circumstances which should in the opinion of the maintenance court be taken into consideration.

 

(3) At the conclusion of the enquiry referred to in subsection (2), the maintenance court may—
(a) make such provisional order as the maintenance court may think fit relating to the payment of the costs involved in the carrying out of the scientific tests in question, including a provisional order directing the State to pay the whole or any part of such costs; or
(b) make no order.

 

(4) When the maintenance court subsequently makes any order under section 16, the maintenance court may—
(a) make an order confirming the provisional order referred to in subsection (3)(a); or
(b) set aside such provisional order or substitute therefor any order which the maintenance court may consider just relating to the payment of the costs involved in the carrying out of the scientific tests in question.