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Section 66 Nigerian Child’s Right Act 2003

Section 66 Child’s Right Act

Section 66 Child’s Right Act 2003 is about Failure to comply with directions for taking of scientific tests. It is under Part VII (Provisions for use of Scientific Tests in Determining Paternity or Maternity, etc.) of the Act.

(1) Where the Court gives a direction under section 63 of this Act and a person fails to take any step required of him for the purpose of giving effect to the direction, the Court may draw such inferences, if any, from that facts as appear proper in the circumstances.

(2) Where, in any proceedings in which the paternity or maternity of a child falls lo be determined by the Court hearing the proceedings, there is a presumption of law that the person is legitimate then if‐
(a) a direction is given under section 63 or this Act in those proceedings; and
(b) a party who is claiming any relief in the proceedings and who for the purpose of obtaining that relief is entitled to rely on the presumption fails lo lake any step required of him for the purpose of giving effect to the direction, the Court may adjourn the hearing for such period as it thinks fit to enable that party to take the step required.

(3) If at the end of the period referred to in subsection (2) of this section, the person fails without reasonable cause to take the step required, the Court may, without prejudice to subsection (1) of this section, dismiss his claim for relief notwithstanding the absence of evidence to rebut the presumption.

See also  Section 28 of the 1999 Constitution of Nigeria (Updated)

(4) Where a person named in a direction under section 63 of this Act fails to consent to the taking of scientific sample from himself or from a child named in the direction of whom he has the care and control, the person shall be deemed for the purposes of this section to have failed to take a step required of him for the purpose of giving effect to the direction.

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