Dáil Éireann Debate, Wednesday - 28 November 2018
163. Deputy Anne Rabbitte asked the Minister for Justice and Equality if it is possible to compel a person to engage in DNA testing services if a person has reason to believe that they are a birth parent. [49667/18]
View answerI wish to advise the Deputy that under Section 38 of the Status of Children Act 1987 (as substituted by section 82 of the Children and Family Relationships Act 2015), in any civil proceedings before a court in which the parentage of any person is in question, the court may, either of its own motion or on an application by any party to the proceedings, give a direction for the use of DNA tests and the taking of bodily samples for the purposes of assisting the court to determine whether a person named in the application or a party to the proceedings, is or is not a parent of the person whose parentage is in question.
Section 39 of the Status of Children Act 1987 provides that any bodily sample which is required to be taken for the purpose of giving effect to an order under section 38 shall not be taken without the person’s consent. However, section 42 of the Status of Children Act 1987 provides that where the court has given a direction under section 38 and the person fails to take any step required of him or her for the purpose of giving effect to that direction, the court may draw such inferences, if any, from that fact as appear proper in the circumstances.
