Bermuda Consolidated Legislation

BERMUDA
1947 : 40

AFFILIATION ACT 1976

[formerly the Illegitimate Children's Act 1947]

ARRANGEMENT OF SECTIONS

1 Interpretation

2 Special Court has juris diction

3 Application by mother for affiliation order

4 Hearing

5 Payments

6 Still born child; live born child dying within 12 months; order for pay ment of medical and fu neral expenses

7 Change in circumstances; variation of affiliation or der

8 Duration of affiliation or der

9 Payments under affiliation orders

10 Cessation or discharge of affiliation order

11 Application for affiliation order by person who is not the mother

12 Application for affiliation order by person who is bringing up the child where the mother is not resident in Bermuda, or mentally disordered or dead

13 Application for affiliation order by Children's Officer

13A Application by father for order granting access to child

14 Duties of office manager of Magistrates Courts as clerk under this Act

15 Payments to be made to clerk

16 Failure to give notice to clerk of change of address an offence

17 Arrears of payment under affiliation order

18 Special Court may appoint custodian of neglected il legitimate child

19 Collective affiliation orders

20 Scientific evidence tending to disprove paternity

21 Costs

22 Appeals

23 Restriction on persons who may be present at sitting of Special Court

24 Transitional [omitted]

[11 June 1947]

[preamble and words of enactment omitted]

Interpretation

1 In this Act, unless the context otherwise requires —

"affiliation order" means an order made by a court under the authority of this Act, being an order whereby the putative father of an illegitimate child is required to pay sums of money towards the maintenance (including the education) of the child and to make such other payments in connection with the child as may be specified in the order;

"affiliation proceedings" means any proceedings of or before a court relating to an application for an affiliation order or oth erwise relating to an affiliation order, including any judgment or order, and including an application for and the issue of any process;

"children's officer" has the meaning given in the Protection of Children Act 1943 [title 13 item 6];

"clerk" means the office manager of the Magistrates' Courts;

"confinement" means labour resulting in the issue of a living child, or labour after at least twenty-eight weeks of pregnancy resulting in the issue of a child whether living or dead;

"the court" has the meaning given in section 2;

"miscarriage" means the termination (not being unlawfully caused) of pregnancy otherwise than by reason of a confine ment;

"putative father" means, in relation to an illegitimate child, a person adjudged by the court to be the father of the child;

"summons" means a summons to a person to appear as the de-
fendant at any hearing of an application for an affiliation or der;

"upper limit of compulsory school age" means, in relation to a child, the age at which, under section 26 of the Education Act 1954 [title 12 item 1], that child ceases to be of compulsory school age within the meaning of that Act.

Special Court has jurisdiction

2 Jurisdiction (except appellate jurisdiction) in affiliation proceed ings shall be exercised by a Special Court established under the Magis trates Act 1948 [title 8 item 15]; and the Magistrates Act 1948, shall ap ply accordingly in relation to proceedings under this Act; and "the court" in this Act means a Special Court established under the Magistrates Act 1948 and exercising jurisdiction in affiliation proceedings.

Application by mother for affiliation order

3 (1) A woman may apply to the court for an affiliation order to be made by the court in respect of an illegitimate child, whether born or unborn, of which she is the mother.

(2) A woman may apply to the court, or to the chairman of the court, for a summons to be issued and served on the alleged father of an illegitimate child of which she is the mother—

(a) where the child is yet unborn; or

(b) where the child has not attained the upper limit of com pulsory school age.

(3) Every application for the issue and service of a summons shall be supported —

(a) by an affidavit which may be sworn before a Justice of the Peace or a Commissioner for taking affidavits in the Supreme Court; or

(b) by a deposition on oath made before the chairman of the court.

(4) The court, or the chairman of the court, upon being satis fied that there is a prima facie case for the alleged father to answer, shall thereupon issue a summons to the alleged father to appear before the court not less than six days after the date of the issue of the summons, and shall cause the summons to be served upon him.

Hearing

4 (1) The hearing of an application by the mother of an illegiti mate child for an affiliation order to be made against the alleged father (hereinafter in this section referred to as the defendant) shall take place before the court in accordance with the following provisions of this sec tion.

(2) Without prejudice to the powers of the court with respect to an adjournment for any other reason, the court shall not proceed with the hearing of the application, but shall adjourn the hearing, if the de fendant is not present, unless it is shown that a summons was duly served upon him.

(3) Subject as hereinafter provided, the court upon hearing evi dence by or on behalf of the applicant for an affiliation order, and such evidence as the defendant may elect to give or call on his behalf, may adjudge the defendant to be the putative father of the child:

Provided that the court shall not adjudge the defendant to be the putative father of the child —

(a) unless the mother of the child herself gives evidence as to the paternity of the child and implicating the defen dant; and

(b) where the child is unborn at the time of the application, unless her evidence that she is pregnant is corroborated by that of a medical practitioner; and

(c) unless any evidence tendered or adduced as to the pa ternity of the child and implicating the defendant is cor roborated in a material particular.

(4) Where the court adjudges the defendant to be the putative father of the child, the court shall, subject to this Act, make an affiliation order on the putative father in such terms as the court thinks just, tak ing into consideration all the circumstances of the case.

Payments

5 (1) Where the court makes an affiliation order under section 4, the court may by the terms of the order require the putative father to make payments as hereinafter in this section provided —

(a) payment of a sum of money weekly for the maintenance and education of the child;

(b) payment of confinement expenses in a sum not exceed-
ing the public ward rate at the King Edward VII Memo rial Hospital together with all medical practitioners' fees applicable to public ward patients in respect of the con finement, to be paid in such manner and to such person or persons as the court may direct;

(c) payment of a sum of money weekly as compensation for loss of earnings throughout a period beginning on a date not earlier than twelve weeks before the expected date of the confinement of the mother and ending on a date not later than the expiry of eighteen weeks after the con finement.

(2) The court, in the circumstances hereinafter in this subsec tion mentioned, may include in the terms of an affiliation order, or may amend or vary an affiliation order so as to include, terms requiring the putative father to make special payments —

(a) where more than one child is born as a result of a multi ple pregnancy;

(b) where the pregnancy of the mother is terminated by miscarriage, the court may require the payment of hos pital expenses in a sum not exceeding the public ward rate at the King Edward VII Memorial Hospital together with all medical practitioners' charges applicable, not exceeding the medical practitioners' fees applicable to public ward patients, to be paid in such manner and to such person or persons as the court may direct:

Provided that nothing in this paragraph shall apply in relation to miscarriage where the application for a sum mons is made on a date after the expiry of six months following the miscarriage;

(c) where a child in respect of whom an affiliation order is in force becomes ill and requires hospitalization, the court may require the payment of hospital expenses in a sum not exceeding the public ward rate at the King Edward VII Memorial Hospital together with all medical practi tioners' fees applicable, not exceeding the medical prac titioners' fees applicable to public ward patients, to be paid in such manner and to such person or persons as the court may direct;

(d) where a child in respect of whom an affiliation order was in force has died, the court may require the payment of a sum towards the funeral expenses, to be paid in, such manner and to such person or persons as the court may direct.

Still born child; live born child dying within 12 months; order for payment of medical and funeral expenses

6 (1) A woman who —

(a) being pregnant with an illegitimate child has miscarried;

(b) has given birth to a still born illegitimate child; or

(c) has given birth to a live-born illegitimate child who has died within twelve months after its birth,

may, where no affiliation order has been made in respect of the child, in like manner as the mother of an illegitimate child may under section 3 apply to the court for an affiliation order in respect of the child, apply for an order that the alleged father of such child be ordered to pay the costs of her confinement and other medical expenses arising from the preg nancy and the funeral expenses of such child:

Provided that no such order shall be made unless —

(a) the mother of the child herself gives evidence as to the paternity of the child and implicating the defendant; and

(b) evidence tendered or adduced as to the paternity of the child and implicating the defendant is corroborated in a material particular.

(2) The court making an order under subsection (1) may direct that payment of the sum ordered to be paid under the order shall be paid to the clerk either in one lump sum or in periodical amounts at such times as it may direct; and may further order that the clerk shall pay such sums received by him to such persons as it may specify.

(3) Any payment or payments due under an order made under subsection (1) may be enforced in like manner as any payment required to be made by an affiliation order may be enforced under section 17.

Change in circumstances; variation of affiliation order

7 (1) Where it appears to the court to be just and equitable to do so, the court upon application by or on behalf of an interested party may amend or vary any term or conditions contained in the order —

(a) by increasing the amount of any payment specified in the order;

(b) by reducing any payment specified in the order:

Provided that —

(i) the court shall not order an increase in the amount of any payment unless reasonable no tice of the application for the increase has been served on the putative father; and

(ii) the court shall not order a reduction in the amount of any payment unless reasonable no tice of the application for the reduction has been served on the person receiving the payment.

(2) In this section "interested party" means, in relation to an affiliation order, the putative father, or the person who applied for the order, or any person receiving payments from the clerk in respect of the order, or any children's officer.

(3) The provisions of this section shall have effect without prej udice to the power of the court to amend or vary an affiliation order as provided in section 5(2), or to extend the duration of an affiliation order as provided in section 8(3).

Duration of affiliation order

8 (1) In this section —

(a) "regular maintenance payment" means a payment such as mentioned in section 5(1)(a);

(b) "interested party" has the meaning given in section 7(2), except that it does not include the putative father.

(2) Subject to subsection (3) and section 9, an affiliation order, in so far as it relates to a regular maintenance payment, shall remain in force until the child in respect of whom the order is made attains the up per limit of compulsory school age.

(3) Notwithstanding anything in subsection (2), if at any time after the child in respect of whom an affiliation order has been made has attained the age of ten years it is made to appear to the court upon ap plication by or on behalf of an interested party that having regard to spe cial considerations relating to the education of the child it is expedient and proper to do so, the court may by order extend the duration of the affiliation order; and where the court has so extended the duration of an affiliation order, the court upon application as aforesaid may from time to time by order further extend the duration of the affiliation order or re vive the order and further extend its duration, notwithstanding that the child has attained the upper limit of compulsory school age:

Provided that —

(a) subject to subsection (4), in no case shall the court extend the duration of an af filiation order to a date later than the date on which the child attains the age of eighteen years;

(b) the court shall not extend the duration of an affiliation order unless reasonable notice of the application for the extension has been served on the putative father.

(4) The restriction to the age of eighteen years in paragraph (a) of the proviso to subsection (3) shall not apply in the case of a child if it appears to the court that—

(a) the child is, or will be, or, if an order were made without complying with that restriction, would be, receiving instruction at an educational establishment or undergoing training for a trade, profession or vocation, whether or not he is also, or will also be, in gainful employment; or

(b) there are special circumstances which justify the making of an order without complying with that restriction.

[Section 8 amended by 1996:19 effective 12 July 1996]

Payments under affiliation orders

9 Where the court makes an affiliation order, the court shall name in the order the mother of the illegitimate child or other person or body of persons to whom sums payable under the order are to be paid either di rectly or, as provided in section 15, through the clerk; and the court may at any time substitute the name of another person or body of persons if it is shown to the satisfaction of the court —

(a) that that other person or body of persons is bringing up, maintaining or educating the child in respect of whom the order is made; or

(b) that for any reason it is in the interests of the child that sums payable under the order should be paid as afore said to that other person or body of persons.

Cessation or discharge of affiliation order

10 (1) Subject to this section, an affiliation order shall, except for the purpose of recovering money previously due thereunder, cease to have any force or validity —

(a) after the termination of the pregnancy of the mother of the child by confinement, where the child is born dead;

(b) in the case of an unborn child, after the termination of the pregnancy of the mother of the child by miscarriage;

(c) after the death of the child;

(d) after the child has attained the upper limit of compul-

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sory school age, or if the court, acting in pursuance of section 8(3), has extended the duration of the order, or revived the order and further extended its duration, after the date until which the duration of the order is ex tended;

(e) after the marriage of the putative father and the mother of the child;

(f) after an adoption order in respect of the child has been made in favour of any person under the Adoption of Children Act 1963 [title 27 item 22] ;

(g) after the death of the putative father; or

(h) after the discharge of the order as provided in subsection (3).

(2) Nothing in subsection (1)(a), (b) or (c) shall operate —

(a) so as to affect the power of the court under section 5 to require the putative father to make a payment in respect of a confinement or a miscarriage or funeral expenses;

(b) so as to absolve the putative father from liability, by rea son of an order made by the court under the said section 5, to make any such payment as aforesaid.

(3) The court may discharge an affiliation order —

(a) at any time upon proof to the satisfaction of the court that the putative father is not the father of the child in respect of whom the affiliation order has been made;

(b) where the duration of an affiliation order has been ex tended as provided in section 8(3) and during the period of the extension the court is satisfied that the special considerations which led to the extension no longer ex ist, or are no longer such as to justify the extension, or that for other reasons it is expedient and proper to dis charge the order.

(4) With respect to the discharge of an affiliation order under subsection (3)(a) the following provisions shall have effect—

(a) the court shall not require the repayment to the putative father of any sums paid under the affiliation order; and

(b) any rights of the putative father at common law or oth erwise against any person in respect of any matter aris ing out of or cognate to any proceedings connected with the making of the affiliation order shall not be affected by the discharge of the order.

Application for affiliation order by person who is not the mother

11 A person other than the mother of the child, being a person—

(a) who is bringing up and maintaining the child; or

(b) who is a children's officer,

may, subject to the provisions (respectively) of sections 12 and 13, apply to the court for an affiliation order to be made in respect of an illegiti mate child; and, subject to the said provisions, the court upon hearing the application may make an affiliation order in respect of the child; and the foregoing sections of this Act, except is so far as they are inconsistent with or expressly modified by the provisions of section 12 or section 13, as the case may be, shall apply in relation to proceedings taken under the said provisions.

Application for affiliation order by person bringing up child where mother is dead, etc.

12 (1) Where the mother of an illegitimate child—

(a) is dead; or

(b) is of unsound mind; or

(c) is not resident in Bermuda,

and no affiliation order is in force in respect of the child, and the child has not attained the upper limit of compulsory school age at the date of the application for the summons, then, subject to this section, any person who is bringing up and maintaining the child may apply to the court for an affiliation order to be made in respect of the child, whether or not the applicant is the legal guardian of the child:

Provided that the court shall not entertain an application for an affiliation order under this section in any case where an adoption order in respect of the child has been made in favour of the applicant under the Adoption of Children Act 1963 [title 27 item 22].

(2) The provisions of section 3(3) and (4) shall apply in relation to the issue of a summons in proceedings taken under this section as those provisions apply in relation to the issue and service of a summons in proceedings taken under section 3 by the mother of an ille gitimate child.

(3) Subject as hereinafter provided, the provisions of section 4 shall apply in relation to the hearing of an application for an affiliation order in proceedings taken by a person under this section as those pro visions apply in relation to the hearing of an application for an affiliation order in proceedings taken under the said section 4 by the mother of an illegitimate child:

Provided that, in respect of the hearing of an application in pro ceedings taken by a person under this section—

(a) it shall be lawful for the court to adjudge the alleged fa ther to be the putative father of the illegitimate child al though the mother of the child does not herself give evi dence as to the paternity of the child;

(b) it shall not be necessary for an admission of paternity on the part of the alleged father to be corroborated.

(4) Where the court makes an affiliation order under the provi sions of this section, the court may be the terms of the order require the putative father to make a payment of a sum from the date of the applica tion for the summons.

(5) The provisions of section 8 shall apply in relation to an af filiation order made under this section as if a payment required under the last foregoing subsection were a regular maintenance payment within the meaning of the said section 8.

Application for affiliation order by children's officer

13 (1) A children's officer in any case where, as respects an ille gitimate child—

(a) no affiliation order is in force; and

(b) the child has not attained the upper limit of compulsory school age at the date of the application for the sum mons,

may apply to the court for an affiliation order to be made in respect of the child.

(2) With respect to an application for and the issue of a sum mons and service thereof on the alleged father of the child, in proceed ings taken by a children's officer under this section, the following provi sions shall have effect, that is to say—

(a) an application for a summons shall not be entertained while the child is yet unborn;

(b) the provisions of section 3(3) and (4) shall apply in rela tion to the issue and service of a summons in proceed ings taken under this section as those provisions apply in relation to the issue and service of a summons in pro ceedings taken under the said section 3 by the mother of an illegitimate child.

(3) Subject as hereinafter provided, the provisions of section 4 shall apply in relation to the hearing of an application for an affiliation order in proceedings taken by a children's officer under this section as those provisions apply in relation to the hearing of an application for an affiliation order in proceedings taken under the said section 4 by the mother of an illegitimate child:

Provided that—

(a) in a case where the mother of the child is dead or of un sound mind or is not resident in Bermuda, it shall be lawful for the court to adjudge the alleged father to be the putative father of the illegitimate child although the mother of the child does not herself give evidence as to the paternity of the child;

(b) in a case other than such as mentioned in paragraph (a), the court shall not adjudge the alleged father to be the putative father of the child unless the mother of the child herself gives evidence as to the paternity of the child, but if the evidence of the mother is not such as to implicate the alleged father the court shall not, for that reason alone, be precluded from adjudging the alleged father to be the putative father of the child;

(c) in no case shall it be necessary for an admission of pa ternity on the part of the alleged father to be corrobo rated.

(4) Where the court makes an affiliation order under this sec tion, the court may by the terms of the order require the putative father to make a payment of a sum each week from the date of the application for the summons.

(5) The provisions of section 8 shall apply in relation to an af filiation order made under this section as if a payment required under subsection (4) were a regular maintenance payment within the meaning of section 8.

Application by father for order granting access to child

13A (1) The court may, on the application of the putative father or a person who proves to the court's satisfaction that he is the father of an illegitimate child, make such order as it thinks fit regarding the right of access of the father to the child.

(2) In making an order under subsection (1) the court shall have regard to —

(a) the welfare of the child;

(b) the conduct of the father, and in the case of a person who proves to the court's satisfaction that he is the fa ther of the child, whether he makes regular payments in respect of the child;

(c) the wishes of the mother or the father or both;

(d) any other matter which in the circumstances of the case the court may consider relevant,

and may alter, vary or discharge any such order on the application of the mother or the father.

Duties of office manager of Magistrates Courts as clerk under this Act

14 (1) The clerk shall, subject to this Act or other statutory provi sion, in the discharge of his duties, act under the direction of the court.

(2) Without prejudice to any other provisions of this Act relat ing to the duties to be discharged by the clerk, it shall be the duty of the clerk at the time when a person is adjudged to be the father of an ille gitimate child and while an affiliation order is in force, to make available to the court, so far as it is practicable for him to do so, reliable informa tion as to the means of livelihood, actual or potential, of the putative fa ther and as to the reasonable needs of the child from time to time, and such other material information as may be likely to assist the court in determining how best to exercise its powers under this Act.

Payments to be made to clerk

15 (1) Where the court makes an affiliation order, the court shall, unless, upon representation expressly made in that behalf by the appli cant for the order, the court is satisfied that it is undesirable to do so, provide in the order that all payments thereunder shall be made to the clerk.

(2) If the affiliation order so provides, all payments under the order shall be made to the clerk and not otherwise.

(3) It shall be the duty of the clerk —

(a) to receive all such payments as may be directed to be made to him under this Act; and

(b) to pay forthwith to the mother of the illegitimate child, or to such other person or body of persons as is from time to time named in the affiliation order, the sums directed to be paid under the order, or such part thereof as he receives, without making any deduction therefrom.

Failure to give notice to clerk of change of address an offence

16 Any person against whom an affiliation order has been made shall, if he changes his address, give notice thereof to the clerk, if pay ment has been ordered to be made to the clerk, and, if he fails to do so without reasonable excuse, he commits an offence against this Act:

Punishment on summary conviction: a fine of $700.

Arrears of payment under affiliation order

17 (1) Where any payment to be made by the putative father un der an affiliation order is seven days in arrears, the clerk shall forthwith inform in writing —

(a) the person or body of persons to whom the payment is being made by the clerk; and

(b) the court.

(2) Where it is made to appear to the court that any sum payable under the order has not been paid within seven days after such payment is due, the court may issue a warrant for the putative father to be brought before the court.

(3) If on appearing before the court the putative father then refuses or neglects to pay all arrears due together with the costs of the proceedings —

(a) the court may enforce payment by issuing and causing to be executed a warrant for distress and sale of his goods;

(b) subject as hereinafter provided, the court may, in case of wilful refusal to make payments under the order im prison him for a period not exceeding three months:

Provided that he shall be entitled to be released from such im prisonment on payment of the arrears and of all costs and charges con nected therewith.

(4) Without prejudice to subsection (3), where an affiliation or der has been made, either under this Act or any Act repealed by this Act, and the court is satisfied that the putative father has without reasonable cause failed to comply with the order then in any such case, after giving the putative father an opportunity to be heard—

(a) the court may, where there is any pension or income or any salary or wages payable to him, order that such an amount each week, month or other period as is specified in the affiliation order or any part of such amount be attached and be paid to the clerk or to the person or body of persons named by the court under section 9; and

(b) the court may, where there are any debts owing or ac cruing from any third person (hereinafter called the gar nishee) to the putative father, order that such an amount as is in arrears in respect of the affiliation order be attached and be paid by the garnishee to the clerk or to the person named by the court under section 9 to gether with the costs of the garnishee proceedings.

(5) In any case where the putative father becomes bankrupt, and a composition or scheme is accepted and approved or an order of discharge is made, in pursuance of the Bankruptcy Act 1876 [title 8 item 49], then in any such case the fact that the composition or scheme has been so accepted and approved or the discharge has been so made shall not release the putative father from any liability under the affiliation or der, except to such an extent and under such conditions as the court having jurisdiction in bankruptcy expressly order in respect of such lia bility.

(6) In any case where the putative father dies and the affiliation order is thereby discharged, then in any such case his estate shall be li able only for the payment of such sum, if any, in respect of which he was in default at the time of his death, together with all costs and charges connected therewith, and the court may order that such amount shall be attached and paid by the executor or administrator of the estate to the clerk or to the person or body of persons named by the court under sec tion 9.

(7) Any order made under subsection (4) or subsection (6) shall be an authority to the person by whom such pension or salary or wages is payable or to the garnishee or to the executor or administrator, as the case may be, to make the payment so ordered, and the receipt of the per son to whom the payment is ordered to be made shall be a good dis charge to such first named person or to such garnishee or to such ex ecutor or administrator respectively.

(8) Any warrant that may be issued and any order that may be made by the court under this section may lawfully be issued or made by the chairman of the court alone.

(9) An order under subsection (4)(a) may be in the form of an attachment of earnings order under the Magistrates Act 1948 [title 8 item 15] and, where it is in such form, that Act shall apply in relation to such order.

Special Court may appoint custodian of neglected illegitimate child

18 (1) In any case where it is made to appear to the court by or on behalf of any person that an illegitimate child in respect of whom there is in force an affiliation order is suffering from neglect owing to the death, unsoundness of mind or imprisonment of the mother or other person bringing up and maintaining the child, then in any such case the court may by order appoint some willing person to be custodian of the child, subject to such terms and conditions as the court may think fit to im pose, and the custodian shall have in respect of the child such rights and duties as may be specified in the order.

(2) Where an order appointing a custodian has been made un der this section the court if at any time it appears to the court to be in the interest of the child to do so, may vary or amend or revoke the order or any term or condition therein or may substitute for the existing order a new order appointing a custodian.

Collective affiliation orders

19 (1) Subject to this section, where the court is satisfied by evi dence brought before the court that it is established that one of two or more persons is the father of an illegitimate child, but that it is not es tablished which one of the two or more persons is the father of the child, then the court may make an affiliation order (hereinafter in this section referred to as a "collective affiliation order") under which each of the two or more persons is required to pay such proportion as the court may think just of any payment which the court, under section 5, might have
required the putative father to pay if one person had been the defendant and had been adjudged to be the father of the child.

(2) The court shall not make a collective affiliation order un less—

(a) at the date of the application for the summons either the child is unborn or, if born, is under the age of twelve months; and

(b) affiliation proceedings have been instituted by the mother of the child.

(3) For the purposes of this section the mother of an illegiti mate child may apply to the court for the issue of two or more sum monses and for the service thereof on two or more persons named by her and may apply before the court for a collective affiliation order accord ingly; but if the mother has proceeded under sections 3 and 4, naming a person as the alleged father of the child, it shall nevertheless be compe tent to the court at any stage of the hearing, if from the evidence it ap pears to the court that, prima facie, there are grounds for the belief that another person or one of two or more other persons may be the father of the child, and that therefore a collective affiliation order may be a proper order for the court to make, to summon that other person or those other persons before the court and to direct that he be made a defendant or they be made defendants with the original defendants in the proceedings.

Where the mother of the child has instituted proceedings for a collective affiliation order, it shall also be competent to the court at any stage of the hearing if it appears to the court to be proper to do so, having regard to the purposes of this section, to summon another person or persons in addition to those summoned on the application of the mother and to di rect that he be made a defendant or they be made defendants with the original defendants in the proceedings.

(4) With respect to the application of the foregoing sections of this Act in relation to a collective affiliation order, the following provi sions shall have effect—

(a) in section 1, the reference in the definition of affiliation order to the putative father shall be construed as in cluding a reference to any of the persons against whom a collective affiliation order is made;

(b) in sections 7 and 8, any reference to the putative father shall be construed as including a reference to each of the persons against whom a collective affiliation order is made;

(c) section 10 shall be construed—

(i) as if the reference in subsection (1)(e) to the putative father included a reference to any one of the persons against whom a collective affilia tion order is made, and as if subsection (1)(g) and (h) were omitted;

(ii) as if any reference in subsection (2) to section 5 included a reference to subsection (1) of this section, and as if any reference in the said sub section to the putative father included a refer ence to any one of the persons against whom a collective affiliation order is made;

(iii) as if subsection (3)(a) were omitted; and

(iv) as if subsection (4) were omitted;

(d) section 17 shall be construed as if any reference therein to the putative father included a reference to any one of the persons against whom a collective affiliation order is made, and as if in section 17(6) the words "and the affili ation order is thereby discharged" were omitted.

(5) Where any of the persons against whom a collective affilia tion order has been made dies, then the court, upon application by or on behalf of an interested party, may vary the order so that any payment which the deceased person was required to make under the order, or such part of any such payment as the court thinks just, shall devolve on the other person against whom the order was made or, if there are two or more other persons against whom the order was made, shall devolve on such other persons in such proportions as the court thinks just:

Provided that the court shall not vary an order under this sub section unless reasonable notice of the application has been served on the said other person or persons.

(6) At any time while a collective affiliation order is in force, any of the persons against whom the order was made may apply to the court to be discharged from the order on the ground that he is not the father of the illegitimate child, and if on the hearing of the application he proves to the satisfaction of the court that he is not the father of the child then the following provisions shall have effect—

(a) the court shall discharge the applicant from the opera tion of the order;

(b) the court may vary the order so that any payment which the applicant was required to make under the order, or such part of any such payment as the court thinks just, shall devolve on the other person against whom the or der was made or, if there are two or more other persons against whom the order was made, shall devolve on such other persons in such proportions as the court thinks just: Provided that the court shall not vary the order unless reasonable notice of the application has been served on the said other person or persons;

(c) the court shall not require the repayment to the person discharged of any sums paid by him made under the or der;

(d) any sums paid by the person discharged from the order shall, without limit of amount, be recoverable by him from the other person or persons against whom the or der was made before a court of summary jurisdiction in the manner provided by the Magistrates Act 1948 [title 8 item 15], for the recovery of a debt or liquidated demand.

(7) In this section "interested party" means the mother of the illegitimate child, or any person receiving payments from the clerk in re spect of the order, or any children's officer.

Scientific evidence tending to disprove paternity

20 For the avoidance of doubt it is hereby declared that, subject to the law of evidence for the time being in force, evidence of a scientific nature tending to show that the defendant in any proceedings under this Act is not the father of a particular child may be admitted in any such proceedings and in any appeal arising out of any such proceedings.

Costs

21 In any proceedings under this Act the court may make such or der as to costs as appears to the court to be just and equitable, being such costs as are allowed under the Magistrates Act 1948 [title 8 item 15].

Appeals

22 (1) Any person—

(a) against whom an affiliation order has been made, in cluding any person or two or more persons against whom a collective affiliation order has been made under section 19; or

(b) who is aggrieved by any term contained in an affiliation order, or by any amendment or variation of any such term, or by an extension of the duration of an affiliation order; or

(c) whose application for a summons or affiliation order has been refused by the court; or

(d) whose application for the amendment or variation of any term in an affiliation order, or for the extension of the duration of an affiliation order, has been refused by the court,

may appeal to the Supreme Court in the manner provided by the law for the time being regulating appeals to the Supreme Court in civil matters.

(2) In this section "person" includes any association or body of persons corporate or unincorporate.

Restriction on persons who may be present at sitting of Special Court

23 No person, except by leave of the court, shall be present at any sitting of the court other than the parties to the case, their counsel and other persons directly concerned in the case, and children's officers.

Transitional

24 [omitted]

1947 : 63
1948 : 25
1950 : 31
1952 : 11
1963 : 30
1970 : 111
1974 : 48
1976 : 15
1983 : 18
1987 : 1
1996 : 19]

[This Act was formerly known as "The Illegitimate Children's Act 1947", but by virtue of 1976:15 may now be cited as "The Affiliation Act 1976"]