Section 63 Child’s Right Act

Section 63 Child’s Right Act 2003 is about Power of Court to require use of scientific tests. It is under Part VII (Provisions for use of Scientific Tests in Determining Paternity or Maternity, etc.) of the Act.

(1) In any civil proceeding in which the paternity or maternity of a person falls to be determined by the Court hearing the proceedings, the Court may, on an application by a party to the proceedings, give a direction for –
(a) the use of scientific tests, including blood tests and Deoxyribonucleic Acid tests, to ascertain whether the tests show that a party to the proceedings is or is not the father or mother of that person: and

(b) for the taking, within a period to be specified in the direction, of blood or other samples from that person, the mother of that person, the father of that person and any party alleged to be the father or mother of that person or from any two of those persons.

(2) The Court may at any time revoke or vary a direction previously given by it under subsection (1) of this section.

(3) Where‐
(a) an application is made for a direction under this section; and
(b) the person whose paternity or maternity is in issue is under the age of eighteen when the application is made, the application shall specify who is to carry out the tests.

(4) In the case of a direction made on an application to which subsection (3) of this section applies the Court‐ .
(a) shall specify that the person who is to carry out the test is the person specified in the application; or
(b) may, where the Court considers that it would be inappropriate to specify the person referred to in paragraph (a) of this subsection, because specifying that person would be contrary to any provision of regulations made under section 65 of this Act or for any other reason, decline to give the direction applied for.

(5) The person responsible for carrying out blood tests taken for the purpose of giving effect to a direction under this section shall make, to the Court which gave the direction, a report in which he shall
state‐
(a) the result of the tests;
(b) whether the party to whom the report relates is or is not indicated by the results as the father or mother of the person whose paternity or maternity, as the case may be, is to be determined; and
(c) if the party is so indicated, the value, if any, of the results in determining whether that
party is actually the father or mother of that person.

(6) The report made under subsection (5) of this section shall be‐
(a) received by the Court as evidence in the proceedings of the matters stated in the report; and
(b) in the form prescribed by regulations made under section 65 of this Act.

(7) Where a report has been made to the Court under subsection (5) of this section, any party to the proceedings may, with the leave of the Court, or shall, if the Court so directs, obtain from the person who made the report a written statement explaining or amplifying any statement made in the report, and that statement shall be deemed for the purposes of this section, except subsection (5) (b) of this section, to form part of the report made to the Court.

(8) Where a direction is given under this section in any proceedings, a party to the proceedings, shall not, unless the Court otherwise directs, be entitled to call as a witness‐
(a) the person who carried out the tests taken for the purpose of giving effect to the direction; or

(b) any person who did anything necessary for the purpose of enabling those tests to be carried out, unless within fourteen days after receiving a copy of the report that party serves notice on the other parties to the proceedings or on such of those other parties as the Court may direct, of his intention to call that person, and where a person is called as a witness the party who called the person shall be entitled to cross‐examine that person.

(9) Where a direction is given under this section, the party on whose application the direction is given shall pay the cost of taking and testing blood or other samples for the purpose of giving effect to the direction, including any expenses reasonably incurred by any person‐
(a) in taking any step required of the person for the purpose; and .
(b) in making a report to the Court under this section, but the amount paid shall be treated as costs incurred by the party in the proceedings.