Section 64 Child’s Right Act

Section 64 Child’s Right Act 2003 is about Consents, etc., required for taking scientific samples. It is under Part VII (Provisions for use of Scientific Tests in Determining Paternity or Maternity, etc.) of the Act.

(1) Subject to the provisions of subsection (3) and (4) of this section, scientific sample which is required to be taken from any person for the purpose of giving effect to a direction under section 63 of this Act shall not be taken from that person except with his consent.

(2) The consent of a child who has attained the age of sixteen years to the taking from himself of a scientific sample shall be as effective as it would be if he had attained the age of majority and where a child has by a virtue of this subsection given an effective consent to the taking of scientific sample, it shall not be necessary to obtain any consent for it from any other person.

(3) A scientific sample may be taken from a child under the age of sixteen years, not being a child as is referred to in subsection (4) of this section, if the person who had the care and control of the child consents.

(4) A scientific sample may be taken from a child who‐
(a) is suffering from mental disorder within the meaning of any relevant law in Nigeria; and
(b) is incapable of understanding the nature and purpose of the scientific tests, if the person who has the care and control of the child consents and the medical practitioner in whose care he is has certified that the taking of the scientific sample from the child shall not be prejudicial to his proper care and treatment.

(5) The provisions of this section are without prejudice to the provisions of section 66 of this Act.