BILL NO. 99

(as introduced)

1st Session, 59th General Assembly
Nova Scotia
53 Elizabeth II, 2004

Government Bill

Vital Statistics Act
(amended)

The Honourable Barry Barnet
Minister of Service Nova Scotia and Municipal Relations

First Reading: September 24, 2004

(Explanatory Notes)

Second Reading: September 27, 2004

Third Reading: October 14, 2004 (LINK TO BILL AS PASSED)

Clause 1 amends the provisions of the Vital Statistics Act, relating to who must register the birth of a child, to remove references to "legitimate" and "illegitimate" children and to provide for cases where the father is not known to the mother or not acknowledged by the mother.

Be it enacted by the Governor and Assembly as follows:

(a) if the parents of the child are
(i) married to each other, or
(ii) not married to each other but have filed a statutory declaration in accordance with subsection (5) or (7) or have filed a declaratory order made under Section 11A,

the mother or the father of the child;

(b) if the parents of the child are not married to each other and the father of the child is
(i) incapable,
(ii) not acknowledged by the mother in accordance with subsections (5) or (7) or identified in a declaratory order made under Section 11A, or
(iii) not known to the mother,

the mother of the child;

(c) if the persons referred to in clauses (a) or (b) are incapable, the person who stands in the place of the parents of the child;

11A (1) In this Section and Sections 11B and 11C, "court" means the Supreme Court of Nova Scotia (Family Division) or the Family Court of Nova Scotia as the case may be.
(2) The court may, on application by any person having an interest in the paternity of a child, make a declaratory order with respect to the paternity of the child.
(3) Where the court makes an order pursuant to subsection (2), the court may order that
(a) the name and particulars of the father of the child be registered or removed from the register, as the case may be; and
(b) the surname of the child be registered in accordance with subsection (8) of Section 4.
(4) An order made pursuant to subsection (3) must contain
(a) the full name of the father of the child;
(b) the date and place of birth of the father of the child; and
(c) sufficient particulars of the birth of the child to identify the birth record that is to be changed.
(5) Upon receipt of an order made pursuant to subsection (3), the Registrar shall take whatever action is required under that subsection.
11B (1) Where an application has been made for an order with respect to the paternity of a child, the court may order genetic testing by a duly qualified medical practitioner or other person designated in the order to determine the biological father of the child.
(2) Unless the court otherwise orders, the cost of genetic testing carried out pursuant to subsection (1) shall be paid by the party bringing the application.
11C Notwithstanding any proof of the paternity of a child, the court may decline to make an order pursuant to subsection (2) or (3) of Section 11A where the court considers it in the best interest of the child.