{"kind":"expression","expression":{"expr_id":"331","doc_id":"331","label":"Act 23 of 2003","is_as_enacted":"t","commenced_on":"2004-06-01","superseded_on":null,"valid_from":"2004-06-01","valid_to":null,"is_current":"t","incorporating":null,"akn_expr_iri":"\/akn\/ky\/act\/2003\/23\/eng@2004-06-01","akn_envelope":"{\"_canary\": {\"iri\": {\"work\": \"\/akn\/ky\/act\/2003\/23\", \"expression\": \"\/akn\/ky\/act\/2003\/23\/eng@2004-06-01\", \"manifestation\": \"\/akn\/ky\/act\/2003\/23\/eng@2004-06-01.pdf\"}, \"pdf\": {\"md5\": \"ff7c8cbfe0c8ebdd1e122650e8f050ca\", \"path\": \"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2003\/2003-0023\/2003-0023_Act 23 of 2003.pdf\", \"pages\": 13, \"filename\": \"2003-0023_Act 23 of 2003.pdf\"}, \"errors\": [], \"extraction\": {\"model\": null, \"stats\": {\"word_count\": 3292, \"paragraph_count\": 24, \"text_char_count\": 20949}, \"usage\": null, \"method\": \"pymupdf-text\", \"version\": \"kyleg-akn-1.0\", \"extracted_at\": \"2026-06-22\"}, \"classification\": \"text_layer\", \"validation_flags\": [], \"docai_processor_id\": null}, \"akomaNtoso\": {\"act\": {\"body\": [{\"eId\": \"sec_n1\", \"num\": null, \"text\": \"Status of Children Law, 2003 Law 23 of 2003 18. 19. PART IV - TRANSITIONAL PROVISIONS 20. 21. 22. 23. Status of Children Law, 2003 Law 23 of 2003 STATUS OF CHILDREN LAW, 2003 (Law 23 of 2003) A LAW TO REFORM THE LAW RELATING TO CHILDREN BY PROVIDING FOR THEIR EQUAL STATUS; AND FOR INCIDENTAL AND CONNECTED PURPOSES ENACTED by the Legislature of the Cayman Islands. PART I - PRELIMINARY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Short title and commencement 1. (1) This Law may be cited as the Status of Children Law, 2003. (2) This Law shall come into force on such date as may be appointed by order made by the Governor in Cabinet.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Interpretation 2. In this Law, unless the context otherwise requires \u2014 \u201cbodily sample\u201d includes any one or more of the following \u2014 (a) a blood sample; (b) a tissue sample; (c) a sperm sample; or (d) any other sample of material obtained from a human body; \u201ccourt\u201d means the Grand Court; Status of Children Law, 2003 Law 23 of 2003 \u201cparent\u201d in relation to a father or mother, as the circumstances require, includes an adoptive father or mother; \u201cparentage testing order\u201d means an order made under section 15; \u201cparentage testing procedure\u201d means a medical procedure prescribed, or included in a class of medical procedures prescribed, by regulations for the purposes of this Law; \u201cRegistrar-General\u201d means the holder of the office established by section 4 of the Births and Deaths Registration Law (1996 Revision); and \u201cregistered medical practitioner\u201d means a medical doctor or nurse registered under the Health Practice Law, 2002. PART II - EQUAL STATUS OF CHILDREN\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"All children of equal status 3. (1) Subject to subsection (2) for all of the purposes of the Laws of the Islands a person is the child of his natural parents and his status as their child is independent of whether he is born inside or outside of marriage and all other relationships shall be determined accordingly. (2) Where an adoption order has been made under the Adoption of Children Law (1996 Revision) or the law of any other jurisdiction the child is in law the child of the adopting parents as is they were his natural parents. (3) The rule of construction whereby in any instrument words of relationship signify only legitimate relationship in the absence of a contrary expression of intention is hereby abolished.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Kindred relationships 4. The parent and child relationship as determined in accordance with section 3 shall for all purposes be followed in the determination of other kindred relationships flowing therefrom.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Rules of construction 5. Unless a contrary intention appears, any reference in an enactment or instrument to a person or class of persons described in terms of relationships by blood or marriage to another person shall be construed to refer to or include a person who comes within the description by reason of the relationship of parent and child as determined in accordance with section 3 and 4. Status of Children Law, 2003 Law 23 of 2003\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Application 6. This Law applies in respect of every person, whether born before or after the commencement of this Law, and whether born in the Islands or not, and whether or not his father or mother has ever been domiciled in the Islands. PART III - ESTABLISHMENT OF PATERNITY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Presumptions 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 \u2014 (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 judgement 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 an attorney-at-law, 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; Status of Children Law, 2003 Law 23 of 2003 (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.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Presumption of parentage arising out of the use of fertilisation procedures 8. (1) Where a married woman has undergone a fertilisation procedure as a result of which she becomes pregnant \u2014 (a) her husband is presumed to be the father of any child born as a result of the pregnancy even if he did not provide any or all of the sperm used in the procedure, but only if he consented to the procedure, and (b) the woman is presumed to be the mother of any child born as a result of the pregnancy even if she did not provide the ovum used in the procedure. (2) Where a woman (whether married or unmarried) becomes pregnant by means of a fertilisation procedure using any sperm obtained from a man who is not her husband, that man is presumed not to be the father of any child born as a result of the pregnancy. (3) Where a woman (whether married or unmarried) becomes pregnant by means of a fertilisation procedure using an ovum obtained from another woman, that other woman is presumed not to be the mother of any child born as a result of the pregnancy. (4) Any presumption arising under subsections (1) to (3) is irrebuttable. (5) In any proceedings in which the operation of subsection (1) is relevant, a husband\u2019s consent to the carrying out of the fertilisation procedure is presumed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Determination of paternity in void marriages 9. 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 section 7(1) (b) applies accordingly.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Application for declaration of paternity 10. (1) Any person who \u2014 (a) being a woman, alleges that any person is the father of the child; (b) alleges that the relationship of father and child exists between himself and any other person; or Status of Children Law, 2003 Law 23 of 2003 (c) being a person having a proper interest in the result, wished to have it determined whether the relationship of father and child exists between two named persons, may apply in such 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 section 7(1) (f), whether any of the requirements of that paragraph have been satisfied.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Application for declaration of paternity where no presumption 11. (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. (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 13 and 14, that order shall be recognised for all purposes.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Acknowledgement against interest 12. A written acknowledgement of parentage that is admitted in evidence in any civil proceeding against the interest of a person making acknowledgement is prime facie proof of that fact.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Effect of new evidence 13. Where a declaration has been made under section 10 or 11 and evidence becomes available that was not available at the previous hearing, the court may upon an application for the variation or discharge of such declaration, vary or discharge that declaration or give such directions as are ancillary thereto.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Appeals 14. An appeal lies from a declaration under section 10 or 11 or a decision under section 13 to the Court of Appeal. Status of Children Law, 2003 Law 23 of 2003\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Parentage testing orders 15. (1) In proceedings where the parentage of a child is in issue the court may make a parentage testing order requiring a parentage testing procedure to be carried out on any of the following persons for the purpose of obtaining information to assist in determining the parentage of the child \u2014 (a) the child; (b) a person known to be a parent of the child; or (c) any other person, if the court is of the opinion that the information that could be obtained if the parentage testing procedure were to be carried out in relation to the person might assist in determining the parentage of the child. (2) A parentage testing order may be made by the court on the application of a party to the proceedings or of its own motion. (3) A parentage testing order may be made subject to such terms and conditions as the court determines. (4) In deciding whether to make a parentage testing order, the court shall \u2014 (a) consider and determine any objection made by a party to the proceedings on account of medical, religious or other grounds; and (b) if it determines that an objection is valid, take the objection into account in deciding whether to make the order. (5) Where the court makes an order under this section and a person over the age of 18 named therein refuses to submit to the parentage testing procedure, the person is not liable to a penalty in relation to the refusal to comply with the order but the court may draw such inferences as it thinks appropriate. (6) A person specified in a parentage testing order under this section shall be deemed to have consented \u2014 (a) where the person is a minor, but \u2014 (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 registered medical practitioner certifies that the giving of a bodily sample would not be prejudicial to his proper care and treatment. Status of Children Law, 2003 Law 23 of 2003\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Orders associated with parentage testing orders 16. (1) Where the court makes a parentage testing order it may make such other orders as it considers necessary or desirable \u2014 (a) to enable the parentage testing procedure to be carried out; or (b) to make the parentage testing procedure more effective or reliable. (2) The court, pursuant to subsection (1), may make any of the following orders \u2014 (a) an order requiring a person to submit to a medical procedure; (b) an order requiring a person to provide a bodily sample; (c) an order requiring a person to surrender a bodily sample previously obtained from that person or from another person (regardless of whether that other person is still living) that has been stored or otherwise preserved; or (d) an order requiring a person to furnish information relevant to the person\u2019s medical or family history. (3) The court may also make such orders as to costs as it considers just in relation to costs incurred in relation to \u2014 (a) the carrying out of the parentage testing procedure or other orders made by the court in relation to the parentage testing procedure, or (b) the preparation of reports in relation to the information obtained as a result of the carrying out of the parentage testing procedure. (4) In deciding whether to make an order under this section, the court shall \u2014 (a) consider and determine any objection made by a party to the proceedings on account of medical, religious or other grounds, and (b) if it determines that an objection is valid, take the objection into account in deciding whether to make the order.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Parentage tests under the Immigration Law, 2003 17. In any proceedings in which the parentage of a child is an issue the court may take into account any test taken by a relevant party pursuant to the Immigration Law, 2003 which establishes or rejects paternity of that child.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Rules 18. The Rules Committee of the Grand Court may make rules \u2014 (a) respecting parentage testing procedures for which an order or orders are given under section 15 and section 16, including without limiting the generality of the foregoing \u2014 (i) the method of taking bodily samples and the handling, transportation and storage thereof; Status of Children Law, 2003 Law 23 of 2003 (ii) the conditions under which a bodily sample may be tested; (iii) designating the persons who are authorised to conduct parentage testing procedures and the facilities that may be used in connection therewith; (iv) the procedure in respect of the admission of reports of parentage testing procedures in evidence; (v) the prescribed forms to be used for the purpose of section 15 and section 16; and (b) generally to give effect to this Law.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Taking of bodily samples by unqualified persons 19. (1) A person shall not take any bodily sample purportedly for the purpose of giving effect to a parentage testing order or an order under section 16 unless the person is a qualified person. (2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to imprisonment for one year and to a fine of $5,000. (3) For the purposes of this section, \u201cqualified person\u201d means a registered medical practitioner or any other person belonging to a class of persons prescribed by the regulations for the purposes of this section. PART IV - TRANSITIONAL PROVISIONS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Transitional provisions regarding dispositions 20. (1) All dispositions made before the commencement of this Law shall be governed by the enactments and rules of law, which would have applied to them if this Law had not been passed. (2) Where any disposition to which subsection (1) applies creates a special power of appointment, nothing in this Law shall extend the class of person in whose favour the appointment may be made, or cause the exercise of the power to be construed so as to include any person who is not a member of that class. (3) The estates of all persons who have died intestate as to the whole or any part thereof before the commencement of this Law shall be distributed in accordance with any enactments and rules of law which would have applied to them as if this Law had not been passed. (4) In this section \u201cdisposition\u201d means a disposition of real or personal property whether inter vivos or by codicil executed before the commencement of this Law. Status of Children Law, 2003 Law 23 of 2003\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Amendment of prior registration 21. Nothing in this Law shall be construed to require the Registrar- General to amend any prior registration showing parentage other than in recognition of an order made under section 10, 11 or 13.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Repeals 22. (1) Section 35 of the Succession Law (1995 Revision) is repealed. (2) The Legitimation Law (1997 Revision) is repealed. (3) Section 21 of the Matrimonial Causes Law (1997 Revision) is repealed.\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Previous court determinations 23. Nothing in any provision of this Law affects any determination concerning the parentage of a child made by a court before the commencement of the provision. Passed by the Legislative Assembly this 3rd day of December, 2003. LINFORD A. PIERSON Speaker. WENDY LAUER EBANKS Clerk of the Legislative Assembly.\", \"element\": \"section\", \"heading\": null}], \"meta\": {\"notes\": null, \"workflow\": null, \"lifecycle\": {\"source\": \"#cilegis\", \"eventRef\": [{\"eId\": \"e_commence_2004_06_01\", \"date\": \"2004-06-01\", \"type\": \"generation\", \"source\": \"#cilegis\"}]}, \"references\": {\"source\": \"#canary\", \"TLCRole\": [], \"TLCEvent\": [{\"eId\": \"ev_commencement\", \"href\": \"\/akn\/ontology\/canary\/event\/commencement\", \"showAs\": \"commencement\"}], \"TLCPerson\": [], \"TLCConcept\": [{\"eId\": \"inForce\", \"href\": \"\/akn\/ontology\/canary\/concept\/temporal\/in-force\", \"showAs\": \"in force\"}], \"TLCProcess\": [], \"TLCLocation\": [], \"TLCOrganization\": [{\"eId\": \"cilegis\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\", \"showAs\": \"Cayman Islands legislation mirror (kyleg)\"}]}, \"temporalData\": {\"source\": \"#cilegis\", \"temporalGroup\": [{\"eId\": \"tg_inforce_2004_06_01\", \"timeInterval\": [{\"end\": null, \"start\": \"#e_commence_2004_06_01\", \"duration\": null, \"refersTo\": \"#inForce\"}]}]}, \"classification\": null, \"identification\": {\"source\": \"#cilegis\", \"FRBRWork\": {\"FRBRuri\": \"\/akn\/ky\/act\/2003\/23\", \"FRBRdate\": [{\"date\": \"2004-06-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2003\/23\/!main\", \"FRBRalias\": [{\"name\": \"cmsId\", \"value\": \"2003-0023\"}], \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRnumber\": \"23 of 2003\", \"FRBRcountry\": \"ky\", \"FRBRsubtype\": \"principal\"}, \"FRBRExpression\": {\"FRBRuri\": \"\/akn\/ky\/act\/2003\/23\/eng@2004-06-01\", \"FRBRdate\": [{\"date\": \"2004-06-01\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2003\/23\/eng@2004-06-01\/!main\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRlanguage\": \"eng\"}, \"FRBRManifestation\": {\"FRBRuri\": \"\/akn\/ky\/act\/2003\/23\/eng@2004-06-01.xml\", \"FRBRdate\": [{\"date\": \"2026-06-22\", \"name\": \"generation\"}], \"FRBRthis\": \"\/akn\/ky\/act\/2003\/23\/eng@2004-06-01.xml\", \"FRBRauthor\": [{\"as\": \"#editor\", \"href\": \"\/akn\/ontology\/canary\/organization\/editor\/cilegis\"}], \"FRBRformat\": \"application\/xml\"}}}, \"name\": \"act\", \"header\": {\"title\": \"Status of Children Act\", \"actNumber\": \"23 of 2003\", \"longTitle\": null}}, \"doc\": null, \"bill\": null, \"judgment\": null}}","akn_full_text":"CAYMAN ISLANDS\n\nSTATUS OF CHILDREN LAW, 2003\n\n(Law 23 of 2003)\nSupplement No. 11 published with Gazette No. 2 dated 27th January, 2004.\n\nPage 2\nLaw 23 of 2003\nc\n\nPUBLISHING DETAILS\nCommenced: 1st of June, 2004\n\nStatus of Children Law, 2003\nArrangement of Sections\n\nc\nLaw 23 of 2003\nPage 3\n\nCAYMAN ISLANDS\n\nSTATUS OF CHILDREN LAW, 2003\n(Law 23 of 2003)\nArrangement of Sections\nSection\nPage\nPART I - PRELIMINARY\n1.\nShort title and commencement ..................................................................................................5\n2.\nInterpretation .............................................................................................................................5\nPART II - EQUAL STATUS OF CHILDREN\n3.\nAll children of equal status .........................................................................................................6\n4.\nKindred relationships .................................................................................................................6\n5.\nRules of construction .................................................................................................................6\n6.\nApplication .................................................................................................................................7\nPART III - ESTABLISHMENT OF PATERNITY\n7.\nPresumptions of paternity ..........................................................................................................7\n8.\nPresumption of parentage arising out of the use of fertilisation procedures ................................8\n9.\nDetermination of paternity in void marriages ..............................................................................8\n10.\nApplication for declaration of paternity .......................................................................................8\n11.\nApplication for declaration of paternity where no presumption ....................................................9\n12.\nAcknowledgement against interest .............................................................................................9\n13.\nEffect of new evidence ...............................................................................................................9\n14.\nAppeals .....................................................................................................................................9\n15.\nParentage testing orders .......................................................................................................... 10\n16.\nOrders associated with parentage testing orders ..................................................................... 11\n17.\nParentage tests under the Immigration Law, 2003 ................................................................... 11\n\nArrangement of Sections\nStatus of Children Law, 2003\n\nPage 4\nLaw 23 of 2003\nc\n\n18.\nRules ....................................................................................................................................... 11\n19.\nTaking of bodily samples by unqualified persons ..................................................................... 12\nPART IV - TRANSITIONAL PROVISIONS\n20.\nTransitional provisions regarding dispositions .......................................................................... 12\n21.\nAmendment of prior registration ............................................................................................... 13\n22.\nRepeals ................................................................................................................................... 13\n23.\nPrevious court determinations.................................................................................................. 13\n\nStatus of Children Law, 2003\nSection 1\n\nc\nLaw 23 of 2003\nPage 5\n\nCAYMAN ISLANDS\n\nSTATUS OF CHILDREN LAW, 2003\n(Law 23 of 2003)\nA LAW TO REFORM THE LAW RELATING TO CHILDREN BY PROVIDING FOR THEIR\nEQUAL STATUS; AND FOR INCIDENTAL AND CONNECTED PURPOSES\nENACTED by the Legislature of the Cayman Islands.\nPART I - PRELIMINARY\n1.\nShort title and commencement\n1.\n(1) This Law may be cited as the Status of Children Law, 2003.\n(2) This Law shall come into force on such date as may be appointed by order made\nby the Governor in Cabinet.\n2.\nInterpretation\n2.\nIn this Law, unless the context otherwise requires \u2014\n\u201cbodily sample\u201d includes any one or more of the following \u2014\n(a)\na blood sample;\n(b) a tissue sample;\n(c)\na sperm sample; or\n(d) any other sample of material obtained from a human body;\n\u201ccourt\u201d means the Grand Court;\n\nSection 3\nStatus of Children Law, 2003\n\nPage 6\nLaw 23 of 2003\nc\n\n\u201cparent\u201d in relation to a father or mother, as the circumstances require, includes\nan adoptive father or mother;\n\u201cparentage testing order\u201d means an order made under section 15;\n\u201cparentage testing procedure\u201d means a medical procedure prescribed, or\nincluded in a class of medical procedures prescribed, by regulations for the\npurposes of this Law;\n\u201cRegistrar-General\u201d means the holder of the office established by section 4 of\nthe Births and Deaths Registration Law (1996 Revision); and\n\u201cregistered medical practitioner\u201d means a medical doctor or nurse registered\nunder the Health Practice Law, 2002.\nPART II - EQUAL STATUS OF CHILDREN\n3.\nAll children of equal status\n3.\n(1) Subject to subsection (2) for all of the purposes of the Laws of the Islands a\nperson is the child of his natural parents and his status as their child is\nindependent of whether he is born inside or outside of marriage and all other\nrelationships shall be determined accordingly.\n(2) Where an adoption order has been made under the Adoption of Children Law\n(1996 Revision) or the law of any other jurisdiction the child is in law the child\nof the adopting parents as is they were his natural parents.\n(3) The rule of construction whereby in any instrument words of relationship signify\nonly legitimate relationship in the absence of a contrary expression of intention\nis hereby abolished.\n4.\nKindred relationships\n4.\nThe parent and child relationship as determined in accordance with section 3 shall for\nall purposes be followed in the determination of other kindred relationships flowing\ntherefrom.\n5.\nRules of construction\n5.\nUnless a contrary intention appears, any reference in an enactment or instrument to a\nperson or class of persons described in terms of relationships by blood or marriage to\nanother person shall be construed to refer to or include a person who comes within\nthe description by reason of the relationship of parent and child as determined in\naccordance with section 3 and 4.\n\nStatus of Children Law, 2003\nSection 6\n\nc\nLaw 23 of 2003\nPage 7\n\n6.\nApplication\n6.\nThis Law applies in respect of every person, whether born before or after the\ncommencement of this Law, and whether born in the Islands or not, and whether or\nnot his father or mother has ever been domiciled in the Islands.\nPART III - ESTABLISHMENT OF PATERNITY\n7.\nPresumptions of paternity\n7.\n(1) Unless the contrary is proven on a balance of probabilities, there is a\npresumption that a male person is, and shall be recognised in law to be, the father\nof a child in any one of the following circumstances \u2014\n(a)\nthe person was married to the mother of the child at the time of its birth;\n(b) the person was married to the mother of the child and that marriage was\nterminated by death or judgement of nullity within 280 days before the\nbirth of the child, or by divorce where the decree nisi was granted within\n280 days before the birth of the child;\n(c)\nthe person marries the mother of the child after the birth of the child and\nacknowledges that he is the natural father;\n(d) the person was cohabiting with the mother of the child in a relationship of\nsome permanence at the time of the birth of the child, or the child is born\nwithin 280 days after they ceased to cohabit;\n(e)\nthe person has been adjudged or recognised in his lifetime by a court of\ncompetent jurisdiction to be the father of the child;\n(f)\nthe person has, by affidavit sworn before a justice of the peace or a notary\npublic or by other document duly attested and sealed, together with a\ndeclaration by the mother of the child contained in the same instrument\nconfirming that the person is the father of the child, admitted paternity, but\nsuch affidavit or other document shall be of no effect unless it has been\nrecorded with the Registrar General;\n(g) the person has acknowledged in proceedings for registration of the child,\nin accordance with the law relating to the registration of births, that he is\nthe father of the child;\n(h) the mother of the child and a person acknowledging that he is the father of\nthe child have signed and executed a deed to this effect in the presence of\nan attorney-at-law, but such a deed shall be of no effect unless it is\nnotarised and recorded with the Registrar General prior to the death of the\nperson acknowledging himself to be the father;\n\nSection 8\nStatus of Children Law, 2003\n\nPage 8\nLaw 23 of 2003\nc\n\n(i)\na person who is alleged to be the father of the child has given written\nconsent to that child adopting his name in accordance with the law relating\nto the change of name; or\n(j)\na person who is alleged to be the father of the child has by his conduct\nimplicitly and consistently acknowledged that he is the father of the child.\n(2) Where circumstances exist that give rise to presumptions of paternity in respect\nof more than one father, no presumption shall be made as to paternity.\n8.\nPresumption of parentage arising out of the use of fertilisation procedures\n8.\n(1) Where a married woman has undergone a fertilisation procedure as a result of\nwhich she becomes pregnant \u2014\n(a)\nher husband is presumed to be the father of any child born as a result of\nthe pregnancy even if he did not provide any or all of the sperm used in\nthe procedure, but only if he consented to the procedure, and\n(b) the woman is presumed to be the mother of any child born as a result of\nthe pregnancy even if she did not provide the ovum used in the procedure.\n(2) Where a woman (whether married or unmarried) becomes pregnant by means\nof a fertilisation procedure using any sperm obtained from a man who is not her\nhusband, that man is presumed not to be the father of any child born as a result\nof the pregnancy.\n(3) Where a woman (whether married or unmarried) becomes pregnant by means\nof a fertilisation procedure using an ovum obtained from another woman, that\nother woman is presumed not to be the mother of any child born as a result of\nthe pregnancy.\n(4) Any presumption arising under subsections (1) to (3) is irrebuttable.\n(5) In any proceedings in which the operation of subsection (1) is relevant, a\nhusband\u2019s consent to the carrying out of the fertilisation procedure is presumed.\n9.\nDetermination of paternity in void marriages\n9.\nFor the purposes of section 7, where a man and a woman, in good faith, go through a\nform of marriage that is void, they shall be deemed to be married for the period during\nwhich they cohabit, and the presumption referred to in section 7(1) (b) applies\naccordingly.\n10.\nApplication for declaration of paternity\n10. (1) Any person who \u2014\n(a)\nbeing a woman, alleges that any person is the father of the child;\n(b) alleges that the relationship of father and child exists between himself and\nany other person; or\n\nStatus of Children Law, 2003\nSection 11\n\nc\nLaw 23 of 2003\nPage 9\n\n(c)\nbeing a person having a proper interest in the result, wished to have it\ndetermined whether the relationship of father and child exists between two\nnamed persons,\nmay apply in such manner as may be prescribed by rules of court to the court\nfor a declaration of paternity, and if it is proved to the satisfaction of the court\nthat the relationship exists the court may make a declaration of paternity whether\nor not the father or the child or both of them are living or dead.\n(2) Where a declaration of paternity under subsection (1) is made after the death of\nthe father or of the child, the court may at the same or any subsequent time make\na declaration determining, for the purposes of section 7(1) (f), whether any of\nthe requirements of that paragraph have been satisfied.\n11.\nApplication for declaration of paternity where no presumption\n11. (1) Where there is no person presumed under section 7 to be the father of a child,\nany person may apply to the court for a declaration that a male person is his\nfather, or any male person may apply to the court for a declaration that a person\nis his child.\n(2) An application may not be made under subsection (1) unless both persons, in\nrespect of whom the relationship is sought to be established, are living.\n(3) Where the court finds, on a balance of probabilities, that the relationship of\nfather and child has been established, the court may make a declaratory order to\nthat effect, and, subject to sections 13 and 14, that order shall be recognised for\nall purposes.\n12.\nAcknowledgement against interest\n12. A written acknowledgement of parentage that is admitted in evidence in any civil\nproceeding against the interest of a person making acknowledgement is prime facie\nproof of that fact.\n13.\nEffect of new evidence\n13. Where a declaration has been made under section 10 or 11 and evidence becomes\navailable that was not available at the previous hearing, the court may upon an\napplication for the variation or discharge of such declaration, vary or discharge that\ndeclaration or give such directions as are ancillary thereto.\n14.\nAppeals\n14. An appeal lies from a declaration under section 10 or 11 or a decision under section 13\nto the Court of Appeal.\n\nSection 15\nStatus of Children Law, 2003\n\nPage 10\nLaw 23 of 2003\nc\n\n15.\nParentage testing orders\n15. (1) In proceedings where the parentage of a child is in issue the court may make a\nparentage testing order requiring a parentage testing procedure to be carried out\non any of the following persons for the purpose of obtaining information to\nassist in determining the parentage of the child \u2014\n(a)\nthe child;\n(b) a person known to be a parent of the child; or\n(c)\nany other person, if the court is of the opinion that the information that\ncould be obtained if the parentage testing procedure were to be carried out\nin relation to the person might assist in determining the parentage of the\nchild.\n(2) A parentage testing order may be made by the court on the application of a party\nto the proceedings or of its own motion.\n(3) A parentage testing order may be made subject to such terms and conditions as\nthe court determines.\n(4) In deciding whether to make a parentage testing order, the court shall \u2014\n(a)\nconsider and determine any objection made by a party to the proceedings\non account of medical, religious or other grounds; and\n(b) if it determines that an objection is valid, take the objection into account\nin deciding whether to make the order.\n(5) Where the court makes an order under this section and a person over the age of\n18 named therein refuses to submit to the parentage testing procedure, the\nperson is not liable to a penalty in relation to the refusal to comply with the order\nbut the court may draw such inferences as it thinks appropriate.\n(6) A person specified in a parentage testing order under this section shall be\ndeemed to have consented \u2014\n(a)\nwhere the person is a minor, but \u2014\n(i)\nunderstands the nature and purpose of the blood tests and consents\nthereto; or\n(ii) the person having his charge consents; and\n(b) where the person is without capacity for any reason other than minority, if\nthe person having his charge consents and a registered medical practitioner\ncertifies that the giving of a bodily sample would not be prejudicial to his\nproper care and treatment.\n\nStatus of Children Law, 2003\nSection 16\n\nc\nLaw 23 of 2003\nPage 11\n\n16.\nOrders associated with parentage testing orders\n16. (1) Where the court makes a parentage testing order it may make such other orders\nas it considers necessary or desirable \u2014\n(a)\nto enable the parentage testing procedure to be carried out; or\n(b) to make the parentage testing procedure more effective or reliable.\n(2) The court, pursuant to subsection (1), may make any of the following orders \u2014\n(a)\nan order requiring a person to submit to a medical procedure;\n(b) an order requiring a person to provide a bodily sample;\n(c)\nan order requiring a person to surrender a bodily sample previously\nobtained from that person or from another person (regardless of whether\nthat other person is still living) that has been stored or otherwise preserved;\nor\n(d) an order requiring a person to furnish information relevant to the person\u2019s\nmedical or family history.\n(3) The court may also make such orders as to costs as it considers just in relation\nto costs incurred in relation to \u2014\n(a)\nthe carrying out of the parentage testing procedure or other orders made\nby the court in relation to the parentage testing procedure, or\n(b) the preparation of reports in relation to the information obtained as a result\nof the carrying out of the parentage testing procedure.\n(4) In deciding whether to make an order under this section, the court shall \u2014\n(a)\nconsider and determine any objection made by a party to the proceedings\non account of medical, religious or other grounds, and\n(b) if it determines that an objection is valid, take the objection into account\nin deciding whether to make the order.\n17.\nParentage tests under the Immigration Law, 2003\n17. In any proceedings in which the parentage of a child is an issue the court may take\ninto account any test taken by a relevant party pursuant to the Immigration Law, 2003\nwhich establishes or rejects paternity of that child.\n18.\nRules\n18. The Rules Committee of the Grand Court may make rules \u2014\n(a)\nrespecting parentage testing procedures for which an order or orders are\ngiven under section 15 and section 16, including without limiting the\ngenerality of the foregoing \u2014\n(i)\nthe method of taking bodily samples and the handling, transportation\nand storage thereof;\n\nSection 19\nStatus of Children Law, 2003\n\nPage 12\nLaw 23 of 2003\nc\n\n(ii) the conditions under which a bodily sample may be tested;\n(iii) designating the persons who are authorised to conduct parentage\ntesting procedures and the facilities that may be used in connection\ntherewith;\n(iv) the procedure in respect of the admission of reports of parentage\ntesting procedures in evidence;\n(v) the prescribed forms to be used for the purpose of section 15 and\nsection 16; and\n(b) generally to give effect to this Law.\n19.\nTaking of bodily samples by unqualified persons\n19. (1) A person shall not take any bodily sample purportedly for the purpose of giving\neffect to a parentage testing order or an order under section 16 unless the person\nis a qualified person.\n(2) A person who contravenes subsection (1) commits an offence and is liable on\nsummary conviction to imprisonment for one year and to a fine of $5,000.\n(3) For the purposes of this section, \u201cqualified person\u201d means a registered medical\npractitioner or any other person belonging to a class of persons prescribed by\nthe regulations for the purposes of this section.\nPART IV - TRANSITIONAL PROVISIONS\n20.\nTransitional provisions regarding dispositions\n20. (1) All dispositions made before the commencement of this Law shall be governed\nby the enactments and rules of law, which would have applied to them if this\nLaw had not been passed.\n(2) Where any disposition to which subsection (1) applies creates a special power\nof appointment, nothing in this Law shall extend the class of person in whose\nfavour the appointment may be made, or cause the exercise of the power to be\nconstrued so as to include any person who is not a member of that class.\n(3) The estates of all persons who have died intestate as to the whole or any part\nthereof before the commencement of this Law shall be distributed in accordance\nwith any enactments and rules of law which would have applied to them as if\nthis Law had not been passed.\n(4) In this section \u201cdisposition\u201d means a disposition of real or personal property\nwhether inter vivos or by codicil executed before the commencement of\nthis Law.\n\nStatus of Children Law, 2003\nSection 21\n\nc\nLaw 23 of 2003\nPage 13\n\n21.\nAmendment of prior registration\n21. Nothing in this Law shall be construed to require the Registrar- General to amend any\nprior registration showing parentage other than in recognition of an order made under\nsection 10, 11 or 13.\n22.\nRepeals\n22. (1) Section 35 of the Succession Law (1995 Revision) is repealed.\n(2) The Legitimation Law (1997 Revision) is repealed.\n(3) Section 21 of the Matrimonial Causes Law (1997 Revision) is repealed.\n23.\nPrevious court determinations\n23. Nothing in any provision of this Law affects any determination concerning the\nparentage of a child made by a court before the commencement of the provision.\nPassed by the Legislative Assembly this 3rd day of December, 2003.\nLINFORD A. PIERSON\nSpeaker.\nWENDY LAUER EBANKS\nClerk of the Legislative Assembly.","akn_extracted_at":"2026-06-22 15:37:39.046313+00","cms_id":"2003-0023","law_type":"principal","year":"2003","number":"23","title":"Status of Children Act","status":"in_force"},"provenance":{"files":[{"file_id":"5236","expr_id":"331","kind":"akn_xml","filename":"2003-0023_Act 23 of 2003.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2003\/2003-0023\/2003-0023_Act 23 of 2003.akn.xml","content_md5":"55f7538c56f1056e626a043fdb8cdff5","byte_size":"22473","http_last_modified":null,"fetched_at":"2026-06-22 15:37:39.256085+00"},{"file_id":"661","expr_id":"331","kind":"pristine_pdf","filename":"2003-0023_Act 23 of 2003.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2003\/2003-0023\/2003-0023_Act 23 of 2003.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/PRINCIPAL\/2003\/2003-0023\/2003-0023_Act 23 of 2003.pdf","content_md5":"ff7c8cbfe0c8ebdd1e122650e8f050ca","byte_size":"622663","http_last_modified":null,"fetched_at":"2026-06-21 23:09:38.030143+00"},{"file_id":"662","expr_id":"331","kind":"working_pdf","filename":"2003-0023_Act 23 of 2003.pdf","source_url":"\/cms\/images\/LEGISLATION\/PRINCIPAL\/2003\/2003-0023\/2003-0023_Act 23 of 2003.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/PRINCIPAL\/2003\/2003-0023\/2003-0023_Act 23 of 2003.pdf","content_md5":"ff7c8cbfe0c8ebdd1e122650e8f050ca","byte_size":"622663","http_last_modified":null,"fetched_at":"2026-06-21 23:09:38.030143+00"}],"paragraph_count":15,"latest_history":null},"quality":{"expr_id":"331","doc_id":"331","quality_state":"needs_review","quality_score":"84","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{truncated_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,reextract_full_text,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Text appears truncated mid\u2011section; minor OCR artifacts present.","assessed_at":"2026-06-22 15:29:45.33438+00","updated_at":"2026-06-22 15:29:45.33438+00"}}