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victims cry
 Posted:
Mon Feb 26, 2007 3:47 pm |
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Bahamian Statutes.
Registration of birth:
Registration of Births
12. In the case of every child born alive it shall be the duty of the midwife or other person who delivered the child and, in default of such midwife or other person, the following persons, that is to say-
Information concerning birth to be given within twenty-one days.
(a)each person present at the birth of the child;
(b)the father and mother of the child;
(c)the person having charge of the child;
(d)any occupier of the house in which to his knowledge the child was born.
within twenty-one days next after such birth, to give to the registrar or assistant registrar information of the particulars required to be registered concerning such birth.
13. In case any living new-born child is found exposed or unattended, it shall be the duty of any person finding such child and of any person in whose charge such child may be placed within twenty-one days of the finding of such child to give notice thereof to the registrar or assistant registrar together with such information of the particulars required to be registered concerning the birth of such child as he possesses.
Finding of newborn child.
14. In the case of the birth of an illegitimate child-
Registration of illegitimate child.
(a)no person shall as father of such child be required to give information under this Act concerning such birth;
(b)a registrar or assistant registrar shall not enter in any register the name of any person as father of such child unless at the joint request of the mother and the person acknowledging himself to be the father, such request taking the form of a written declaration witnessed by the registrar, or an assistant registrar, or justice of the peace or a notary public.
15. (1) When the birth of any child has been registered and the name (if any) by which it has been registered is altered, or if it was registered without a name then when a name is given to the child, the parent or guardian of such child or other person procuring such name to be altered or given may at any time after such birth apply to the Registrar General for a name to be altered, or registered, as the case may be. Such application shall be in the form of an affidavit or declaration sworn or made before a justice of the peace, or a notary public and the Registrar General may give effect to such application by amending without obliteration or adding to the original entry.
Subsequent registration of name of child.
(2) This section shall also apply in the case of a birth which occurred prior to the coming into operation of this Act.
16. (1) Where a birth has, from the default of the parents or other persons required to give information concerning it, not been duly registered, the registrar or assistant registrar may at any time after the expiration of twenty-one days from such birth, or of the finding of a living new-born child, by notice in writing in the prescribed form require any of the persons required by this Act to give information concerning such birth, to give such information to the best of his knowledge and belief; and it shall be his duty to comply with such requisition within eight days of the receipt of such notice.
Requisition of registrar or assistant registrar to be made after twenty-one days.
(2) The registrar or assistant registrar shall keep a copy of any notice given under the preceding subsection.
Last edited by victims cry on Mon Feb 26, 2007 4:57 pm; edited 1 time in total
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| victims cry
Posted:
Mon Feb 26, 2007 3:47 pm |
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PART III
ESTABLISHMENT OF PATERNITY
7. (1) Unless the contrary is proven on a balance of probabilities, there is a presumption that a male person is, and shall be recognised in law to be, the father of a child in any one of the following circumstances-
Presumptions of paternity.
(a)the person was married to the mother of the child at the time of its birth;
(b)the person was married to the mother of the child and that marriage was terminated by death or judgment of nullity within 280 days before the birth of the child, or by divorce where the decree nisi was granted within 280 days before the birth of the child;
(c)the person marries the mother of the child after the birth of the child and acknowledges that he is the natural father;
(d)the person was cohabiting with the mother of the child in a relationship of some permanence at the time of the birth of the child, or the child is born within 280 days after they ceased to cohabit;
(e)the person has been adjudged or recognised in his lifetime by a court of competent jurisdiction to be the father of the child;
(f)the person has, by affidavit sworn before a justice of the peace or a notary public or by other document duly attested and sealed, together with a declaration by the mother of the child contained in the same instrument confirming that the person is the father of the child, admitted paternity, but such affidavit or other document shall be of no effect unless it has been recorded with the Registrar General;
(g)the person has acknowledged in proceedings for registration of the child, in accordance with the law relating to the registration of births, that he is the father of the child;
(h)the mother of the child and a person acknowledging that he is the father of the child have signed and executed a deed to this effect in the presence of a counsel and attorney, but such a deEd shall be of no effect unless it is notarised and recorded with the Registrar General prior to the death of the person acknowledging himself to be the father;
(i)a person who is alleged to be the father of the child has given written consent to that child adopting his name in accordance with the law relating to the change of name; or
(j)a person who is alleged to be the father of the child has by his conduct implicitly and consistently acknowledged that he is the father of the child.
(2) Where circumstances exist that give rise to presumptions of paternity in respect of more than one father, no presumption shall be made as to paternity.
8. For the purposes of section 7, where a man and a woman, in good faith, go through a form of marriage that is void, they shall be deemed to be married for the period during which they cohabit, and the presumption referred to in paragraph (b) of section 7(1) applies accordingly.
Determination of paternity in void marriages.
9. (1) Any person who -
Application for declaration of paternity.
(a)being a woman, alleges that any named person is the father of her child;
(b)alleges that the relationship of father and child exists between himself and any other person; or
(c)being a person having a proper interest in the result, wishes to have it determined whether the relationship of father and child exists between two named persons,
may apply in such other manner as may be prescribed by rules of court to the court for a declaration of paternity, and if it is proved to the satisfaction of the court that the relationship exists the court may make a declaration of paternity whether or not the father or the child or both of them are living or dead.
(2) Where a declaration of paternity under subsection (1) is made after the death of the father or of the child, the court may at the same or any subsequent time make a declaration determining, for the purposes of paragraph (f) of subsection (1) of section 7, whether any of the requirements of that paragraph have been satisfied.
10. (1) Where there is no person presumed under section 7 to be the father of a child, any person may apply to the court for a declaration that a male person is his father, or any male person may apply to the court for a declaration that a person is his child.
Application for declaration of paternity where no presumption.
(2) An application may not be made under subsection (1) unless both persons, in respect of whom the relationship is sought to be established, are living.
(3) Where the court finds, on a balance of probabilities, that the relationship of father and child has been established, the court may make a declaratory order to that effect, and, subject to sections 12 and 13, that order shall be recognised for all purposes.
11. A written acknowledgement of parentage that is admitted in evidence in any civil proceeding against the interest of a person making acknowledgement is prima facie proof of that fact.
Acknowledgement against interest.
12. Where a declaration has been made under section 9 or 10 and evidence becomes available that was not available at the previous hearing, the court may, upon application for the variation or discharge of such declaration, vary or discharge that declaration or give such directions as are ancillary thereto.
Effect of new evidence.
13. An appeal lies from a declaration under section 9 or 10 or a decision under section 12 to the Court of Appeal.
Appeals.
14. (1) Where an application is made to the court to determine the parentage of a child, the court may give directions to the applicant to obtain blood tests of such persons as the court specifies and to submit the results in evidence.
Blood tests.
(2) Any directions given under subsection (1) may be given subject to such terms and conditions as the court determines.
(3) Where directions are given under subsection (1) and a person named therein refuses to submit to the blood tests, the court may draw such inferences as it thinks appropriate.
(4) A person specified in directions granting leave to obtain blood tests under subsection (1) shall be deemed to have consented-
(a)where the person is a minor, but-
(i)understands the nature and purpose of the blood tests and consents thereto; or
(ii)the person having his charge consents; and
(b)where the person is without capacity for any reason other than minority, if the person having his charge consents and a medical practitioner certifies that the giving of a blood sample would not be prejudicial to his proper care and treatment.
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| victims cry
Posted:
Mon Feb 26, 2007 3:54 pm |
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http://laws.bahamas.gov.bs/List_All.html
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On Vacation!
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| SassyGirl
Posted:
Mon Feb 26, 2007 3:56 pm |
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Maybe the Bahamas can have a new slogan:
Forget Jerry Springer just come here use and abuse us we don't care who your baby's daddy is!! One big happy family!
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Formerly 26andcounting
Joined: 26 Mar 2006
Posts: 4226
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| victims cry
Posted:
Mon Feb 26, 2007 4:01 pm |
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| SassyGirl wrote: | Maybe the Bahamas can have a new slogan:
Forget Jerry Springer just come here use and abuse us we don't care who your baby's daddy is!! One big happy family! |
read the statutes. There is ample procedure in place for paternity decisions and rebuttal of paternity
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| pausebreak
Posted:
Thu Mar 01, 2007 6:23 pm |
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| victims cry wrote: | | SassyGirl wrote: | Maybe the Bahamas can have a new slogan:
Forget Jerry Springer just come here use and abuse us we don't care who your baby's daddy is!! One big happy family! |
read the statutes. There is ample procedure in place for paternity decisions and rebuttal of paternity |
10. (1) Where there is no person presumed under section 7 to be the father of a child, any person may apply to the court for a declaration that a male person is his father, or any male person may apply to the court for a declaration that a person is his child.
Application for declaration of paternity where no presumption.
(2) An application may not be made under subsection (1) unless both persons, in respect of whom the relationship is sought to be established, are living
http://laws.bahamas.gov.bs/statutes/statute_CHAPTER_130.html
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Soopa Soopa Bitch !!
Joined: 24 Mar 2006
Posts: 5550
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| pausebreak
Posted:
Thu Mar 01, 2007 6:26 pm |
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8. For the purposes of section 7, where a man and a woman, in good faith, go through a form of marriage that is void, they shall be deemed to be married for the period during which they cohabit, and the presumption referred to in paragraph (b) of section 7(1) applies accordingly
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Soopa Soopa Bitch !!
Joined: 24 Mar 2006
Posts: 5550
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| pausebreak
Posted:
Thu Mar 01, 2007 6:27 pm |
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may apply in such other manner as may be prescribed by rules of court to the court for a declaration of paternity, and if it is proved to the satisfaction of the court that the relationship exists the court may make a declaration of paternity whether or not the father or the child or both of them are living or dead.
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Soopa Soopa Bitch !!
Joined: 24 Mar 2006
Posts: 5550
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| victims cry
Posted:
Tue Mar 13, 2007 7:54 pm |
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DNA testing statutes
Pertinent section of the Act:
14. (1) Where an application is made to the court to determine the parentage of a child, the court may give directions to the applicant to obtain blood tests of such persons as the court specifies and to submit the results in evidence.
Blood tests.
(2) Any directions given under subsection (1) may be given subject to such terms and conditions as the court determines.
(3) Where directions are given under subsection (1) and a person named therein refuses to submit to the blood tests, the court may draw such inferences as it thinks appropriate.
(4) A person specified in directions granting leave to obtain blood tests under subsection (1) shall be deemed to have consented-
(a)where the person is a minor, but-
(i)understands the nature and purpose of the blood tests and consents thereto; or
(ii)the person having his charge consents; and
(b)where the person is without capacity for any reason other than minority, if the person having his charge consents and a medical practitioner certifies that the giving of a blood sample would not be prejudicial to his proper care and treatment.
http://laws.bahamas.gov.bs/statutes...0.html#Ch130s14
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| pausebreak
Posted:
Tue Mar 13, 2007 7:59 pm |
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DNA testing statutes
Pertinent section of the Act:
14. (1) Where an application is made to the court to determine the parentage of a child, the court may give directions to the applicant to obtain blood tests of such persons as the court specifies and to submit the results in evidence
In what context is applicant used?
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Soopa Soopa Bitch !!
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| Josie
Posted:
Wed Mar 14, 2007 12:07 pm |
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1. This Act may be cited as the Evidence (Proceedings in Other Jurisdictions) Act, 2000.
2. (1) In this Act-
"civil proceedings", in relation to the requesting court, means proceedings in any civil or commercial matter;
"Court" means the Supreme Court;
"property" includes any land, chattel or other corporeal property of any description;
"request" includes any commission, order or other process issued by or on behalf of the requesting court.
(2) Nothing in this Act shall be construed as enabling the Court to make an order that is binding on the Crown or on any person in his capacity as an officer or servant of the Crown.
3. (1) Application may be made to the Supreme Court by or on behalf of a court or tribunal ("the requesting court") exercising jurisdiction in a country or territory outside The Bahamas for an order for evidence to be obtained in The Bahamas.
(2) On receipt of an application under subsection (1), the Registrar shall send the document to the Attorney-General and the Attorney-General shall make an application to the Supreme Court for an order and take such other steps as may be necessary to give effect to the request.
4. Where an application is made to the Supreme Court for an order for evidence to be obtained in The Bahamas and the Court is satisfied-
(a) that the application is made in pursuance of a request issued by or on behalf of a court or tribunal ("the requesting court") exercising jurisdiction in a country or territory outside The Bahamas; and
(b) that the evidence to which the application relates is to be obtained for the purposes of civil proceedings which either have been instituted before the requesting court or whose institution before that court is contemplated and for which investigations have commenced,
the Court shall have the powers conferred on it by the following provisions of this Act.
5. (1) Subject to the provisions of this section, the Court shall have power, on any such application as is mentioned in section 4, by order to make such provision for obtaining evidence in The Bahamas as may appear to the Court to be appropriate for the purpose of giving effect to the request in pursuance of which the application is made; and any such order may require a person specified therein to take such steps as the Court may consider appropriate for that purpose.
(2) Without prejudice to the generality of subsection (1) but subject to the provisions of this section, an order under this section may, in particular, make provision-
(a) for the examination of witnesses, either orally or in writing;
(b) for the production of documents;
(c) for the inspection, photographing, preservation, custody or detention of any property;
(d) for the taking of samples of any property and the carrying out of any experiments on or with any property;
(e) for the medical examination of any person;
(f) without prejudice to paragraph (e), for the taking and testing of samples of blood from any person.
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Joined: 16 Dec 2006
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| Josie
Posted:
Wed Mar 14, 2007 12:17 pm |
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| pausebreak wrote: | DNA testing statutes
Pertinent section of the Act:
14. (1) Where an application is made to the court to determine the parentage of a child, the court may give directions to the applicant to obtain blood tests of such persons as the court specifies and to submit the results in evidence
In what context is applicant used? |
I believe the Applicant would be the moving party or Plaintiff, in this case Birkhead.
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