L.R.O. 1/2012
LAWS OF GUYANA
STATUS OF CHILDREN ACT
CHAPTER 46:05
Act
19 of 2009
1 – 35 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages

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Note
on
Subsidiary Legislation
This Chapter contains no Subsidiary Legislation.
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CHAPTER 46:05
STATUS OF CHILDREN ACT

ARRANGEMENT OF SECTIONS
SECTION
PART I
PRELIMINARY
1. Short title.
2. Interpretation.
3. Application of Act.
PART II
STATUS OF CHILDREN AND CONSTRUCTION OF INSTRUMENTS
4. All children are of equal status.
5. Child of natural parents.
6. Construction of instruments made before 21st May, 1983.
7. Construction of other dispositions.
8. Description in terms of relationship by blood or marriage.
9. Rights on intestacy.
PART III
ESTABLISHMENT OF PARENTAGE
10. Presumption of paternity arising from marriage.
11. Presumption of paternity arising from acknowledgements.
12. Presumption of paternity arising from cohabitation.
13. Presumption of parentage arising from registration of Birth.
14. Presumption of paternity arising from findings of Courts.
15. Presumption of parentage arising from use of fertilisation
procedure.
16. Rebuttal of parentage presumptions.
17. Conflicting rebuttal parentage presumptions.
18. Conflicts involving irrebuttable parentage presumptions.
19. Acknowledgement of paternity.
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SECTION
20. Annulment of paternity acknowledgement.
21. Declaration of motherhood.
22. Declaration of fatherhood.
23. Provisions relating to sections 21 and 22.
24. Persons entitled to apply.
25. Notice of application for declaration.
26. Order to be recognised.
27. Admissibility of Court findings and paternity acknowledgements.
28. Conduct of hearings.
29. Offence to publish name, particulars, etc.
30. Parentage testing procedures.
31. Consequential orders.
32. Orders as to cost.
33. Orders in regards to medical procedure, etc.
34. No liability where consent given.
35. Non-compliance with parentage testing procedure.
36. Reports on parentage testing procedures.
37. Personating, proffering, etc., another for a parenting testing
procedure. -
38. Inspection of Register.
39. Extra-territorial declaration.
40. Exceptions to section 39.
41. Filing of extra-territorial declaration.
42. Admissibility of extra-territorial declaration.
43. Extra-territorial paternity findings.
44. Admissibility of extra-territorial finding of paternity.
PARTIV
MISCELLANEOUS
45. Separate representation of child.
46. Proceedings for offences.
47. Application of particular sections.
48. Regulations.

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SECTION PART V
TRANSITIONAL, REPEAL, SAVINGS
49. Repeal of Children Born out of Wedlock (Removal of
Discrimination) Act.
50. Regulations for resolving transitional difficulties.
51. Savings and transitional regulations.
52. Prior Court determinations.
53. Reference to repealed enactments.
__________________________
Short title.

Interpretation.
PART I
PRELIMINARY
1. This Act may be cited as the Status of Children Act.
2. (1) In this Act, unless the context otherwise
requires-
“body sample” includes one or more of the following –
(a) a blood sample;
(b) a tissue sample;
(c) a sperm sample;
(d) other samples of material obtained
ST[31 MAY, 2010]
and for related purposes.
testing procedures; to effect reform of the law generally
provide for presumptions of parentage and parentage
Born Out of Wedlock (Removal of Discrimination) Act to
An Act to repeal and re-enact the provisions of the Children 19 of 2009
STATUS OF CHILDREN ACT
CHAPTER 46:05
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from the human body;
“child” means a person whether born in or out of wedlock
and includes a person who is under the age of eighteen
years;
“Court” means the High Court of the Supreme Court of
Judicature;
“declaration of parentage” means a declaration under section
21 or 22;
"extra-territorial declaration" means an order in the nature of
a declaration providing for motherhood or fatherhood
made by a Court outside of Guyana;
"extra-territorial finding of paternity or maternity" means a
judicial finding of paternity or maternity that is made
incidentally in the determination of another issue by a
Court outside of Guyana and that is not an extra-
territorial declaration;
"fertilisation procedure" means –
(a) the artificial insemination of a
woman;
(b) the procedure of transferring to a
woman's body an ovum (whether or
not produced by her) fertilised
outside her body;
(c) the procedure of transferring to a
woman's body an ovum (whether or
not produced by her) or both the
ovum and sperm to enable
fertilisation of the ovum to occur in
her body; or
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(d) any other procedure that assists with
fertilisation in a woman;
"husband" means the man to whom a woman is legally
married;
"parentage testing order" means Deoxyribonucleic Acid
(DNA) testing or any other procedure;
"prescribed overseas jurisdiction" means a country or part of a
country, outside of Guyana that is listed in the
regulations;
"Registrar" means the Registrar of the Court;
"wife" means the woman to whom a man is legally married;
"21st May, 1983" means the date on which the Children Born
commenced.
(2) For the purposes of sections 13 and 16 –
(a) where a man and a woman go
through a marriage with each other
with at least one of them doing so in
good faith and they cohabit, they shall
be considered to be married during
the period they cohabit,
notwithstanding that the marriage is
void;
(b) where a voidable marriage is decreed
a nullity the man and woman shall be
considered to be married until the
date of the decree of nullity.
(3) A reference in this Act or any other Act –
out of Wedlock (Removal of Discrimination) Act 1983
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Application of
Act.
All children of
equal status.
(a) to a child born out of wedlock is a
reference to a child whose father and
mother were not married to each
other at the time of birth of the child
and who have not subsequently
married each other; and
(b) to a child born in wedlock is a
reference to a child whose father and
mother were married to each other at
the time of birth of the child.
3. (1) Save as otherwise provided in this Act, this Act
applies to a child –
(a) whether born before or after the
commencement of this Act;
(b) whether born in Guyana or not; and
(c) whether or not either of the child's
parents has ever been domiciled in
Guyana.
(2) Existing laws shall be construed with such
adaptations as may be necessary to bring them into
conformity with this Act.
(3) This Act shall not affect rights vested before its
commencement.
PART II
STATUS OF CHILDREN AND CONSTRUCTION OF
INSTRUMENTS
4. (1) The status and rights, privileges and obligations
of a child born out of wedlock are identical in all respects to
those of a child born in wedlock.
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Child of natural
parents.

Construction of
instruments
made on or
before May
1983.
No. 12 of 1983
(2) This section applies subject to sections 6 and 7.
5. (1) A person is the child of his natural parents, and
his status as their child is independent of whether he is born
in or out of wedlock.
(2) Where there is an adoption order under the
laws dealing with adoption of children, the child is in law the
child of the adopter as if the adopter were a natural parent.
(3) All distinction between the status of a child
born in wedlock and a child born out of wedlock are
abolished and the relationship of parent and child shall be
determined in accordance with this section and section 15.
(4) Kindred relationships shall be determined
according to the relationships described in subsection (1), (2)
or (3).
6. (1) This section applies to the following dispositions
only-
(a) dispositions made inter vivos on or
after 21st May, 1983, being the date on
which the Children Born out of
Wedlock (Removal of Discrimination)
Act commenced;
(b) dispositions made by will or codicil
executed before, on or after 21st May,
1983 by a person who dies after that
date.
(2) Unless a contrary intention appears, in any
disposition in which this section applies-
(a) a reference (however expressed) to a
child of a person includes a reference
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Construction of
other
dispositions.
No. 12 of 1983
to a child born out of wedlock of
whom that person is a parent; and
(b) a reference (however expressed) to
any person or persons related to
another person (other than a parent or
child) includes a reference to anyone
who is so related in fact, or some
other person through whom the
relationship is traced, is or was a child
born out of wedlock.
(3) The use of any of the following words (or of
any word or words having the same or a similar meaning)
does not of itself indicate a contrary intention for the
purposes of subsection (2) –
(a) the words “legitimate” or “lawful”
when used with reference to the child
or children of a person or persons
related to another person in some
other way;
(b) the words “married”, “husband” or
"wife" when used with reference to
the parent or parents of a person.
(4) Without limiting any other provision of this
Act, any rule of law that a disposition in favour of a child
born out of wedlock not conceived or born when the
disposition takes effect is void as being contrary to public
policy, is abolished in respect of any disposition to which this
section applies.
7. (1) The following dispositions are to be construed as
if the Children Born out of Wedlock (Removal of
Discrimination) Act and this Act had not been enacted –

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Description in
terms of
relationship by
blood or
marriage.

Rights on
intestacy.
(a) dispositions made inter vivos before
the 21st May, 1983; and
(b) dispositions made by will or codicil
executed by a person who died before
the 21st May, 1983.
(2) Where any disposition referred to in subsection
(1) contains a special power of appointment, nothing in this
Act –
(a) extends the class of persons in whose
favour the appointment may be made;
or
(b) causes the exercise of the power to be
construed so as to include any person
who is not a member of that class.
8. A reference to a person or group or class of persons
described in terms of relationship to another person by blood
or marriage shall be construed to refer to and includes a
person who comes within the description by reason of the
relationship of parent and child as provided for in this Act.
9. (1) This section applies to rights under the rules of
intestacy of persons dying or after 21st May, 1983.
(2) Where any relative of a child born out of
wedlock (including a parent of the child) dies intestate in
respect of all or any of the relative's movable or immovable
property, the child (or any of the child's issue if the child is
dead) is entitled to take any interest in that property that the
child (or the child's issue) would have been entitled to if the
child's parents had been married to each other when the child
was born.
(3) Where a child born out of wedlock dies
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Presumption of
paternity
arising from
marriage.
Presumption of
paternity
arising from
acknowledge-
ments.
intestate in respect of all or any of the child's movable or
immovable property, a relative of the child (including a
parent of the child) is entitled to take any interest in that
property that the relative would have been entitled to if the
parents of the child had been married to each other when the
child was born.
PART III
ESTABLISHMENT OF PARENTAGE
10. A man is presumed to be the father of a child
where –
(a) he was married to the mother of the
child at the time of the child's birth;
(b) he was married to the mother of the
child by a marriage that was
terminated by –
(i) death;
(ii) decree nullity; or
(iii) divorce where the decree
absolute of divorce was
granted, within three hundred
and eight days, or a longer
period as the Court may allow,
before the birth of the child;
(c) he married the mother of the child
after the child's birth and
acknowledges that he is the father of
the child.
11. (1) A man is presumed to be the father of a child
where –
(a) under this Act or any other law of
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Presumption of
paternity
arising from
cohabitation.

Presumption of
parentage
arising from
registration of
birth.
Presumption of
parentage
arising from
findings of
Courts.
Guyana or law of a prescribed
overseas jurisdiction the man executes
a formal acknowledgement of
paternity or any other instrument
acknowledging that he is the father of
the child; and
(b) the instrument has not been annulled
or otherwise set aside.
(2) This section extends to instruments executed
before the commencement of this Act.
12. A man is presumed to be the father of a child
where he was cohabiting with the mother of the child in a
relationship of some permanence at any time during the
period beginning not earlier than three hundred and eight
days and ending not less one hundred and forty days before
the birth of the child.
13. A person is presumed to be a child's parent if the
person's name is entered as the mother or father in the
register of births or a register of information on parentage
kept under a law of a foreign country.
14. (1) A person is presumed to be a child's parent if –
(a) while the person is alive or after the
person's death, a Court of competent
jurisdiction has-
(i) found expressly that the person
is the parent of the child; or
(ii) made a finding that it could not
have made unless the person
was the child's parent; and
(b) the finding has not been altered, set
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Presumption of
parentage
arising from use
of fertilisation
procedure.
aside or reversed.
(2) A presumption arising under subsection (1) is
irrebuttable.
(3) In this section, a reference to a finding of a Court of
competent jurisdiction includes –
(a) a declaration of parentage;
(b) a finding whether made before or
after the commencement of this
section; and
(c) a finding of a Court of a prescribed
overseas jurisdiction.
15. (1) Where a woman becomes pregnant as a result
of undergoing a fertilisation procedure –
(a) her husband or the man with whom
she is cohabiting is presumed to be
the father of any child born as a result
of the pregnancy; and
(b) the woman is presumed to be the
mother of any child born as a result of
the pregnancy.
(2) For the purposes of subsection (1) (a), the
presumption applies –
(a) whether or not the husband or the
man with whom she is cohabiting
provided any or all of the sperm used
in the fertilisation procedure; and
(b) only if the husband or the man with
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Rebuttal of
parentage
presumptions
whom she is cohabiting consented to
the fertilisation procedure.
(3) For the purposes of subsection (1)(b), the
presumption applies whether or not the woman provided the
ovum used in the fertilisation procedure.
(4) Where a woman becomes pregnant by means of
a fertilisation procedure using any sperm obtained from a
man, that man shall be presumed to be the father of any child
born as a result of the pregnancy where his express consent in
writing to be the father has been given to the woman or to the
entity conducting the fertilisation procedure.
(5) Where a woman 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.

(6) Where a woman is impregnated with the
embryo that is the result of a fertilisation procedure using
ovum and sperm obtained from other persons under an
agreement of surrogacy, that woman is presumed not to be
the mother of the child born as a result of the pregnancy
under these circumstances.
(7) In this section a reference to a woman includes
a woman –
(a) who is married;
(b) cohabiting with a man as his wife
although not married to him; or
(c) in a casual relationship.
16. (1) A presumption arising under this Act or a
paternity or a parentage presumption arising under any law
that is rebuttable, is rebuttable by proof on the balance of
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Conflicting
rebuttable
parentage
presumptions.

Conflicts
involving
irrebuttable
parentage
presumptions.
Acknowledg-
ment of
paternity.
probabilities.
(2) Every presumption arising under this Part, save
and except a presumption arising under section 14(1) or
15(l)(b), (4), (5) or (6), is a rebuttable presumption.
17. Where two or more rebuttable presumptions
referred to in section 16 conflict with each other and are not
rebutted in any proceedings, the presumption that appears to
the Court to be more or most likely prevails.
18. (1) Where two or more irrebuttable presumptions
arising under this Act conflict with each other, the
presumption that appears to the Court to be more or most
likely prevails.
(2) Where an irrebuttable presumption arising
under this Act conflicts with a rebuttable presumption arising
under this Part that is not rebutted in any proceedings, the
irrebuttable presumption prevails over the rebuttable
presumption.
19. (1) A formal acknowledgement of paternity shall
not be effective unless –
(a) made in a prescribed form;
(b) signed by the man acknowledging
that he is the father and
countersigned by the mother of the
child;
(c) a copy is filed in the office of the
Registrar General of births and
deaths; and
(d) it complies with the other provisions
of this section.
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Annulment of
paternity
acknowledge-
ments
(2) An acknowledgement for the purposes of
subsection (1) shall be a statutory declaration made –
(a) in the case of a person in Guyana,
before a Magistrate, Justice of the
Peace, Notary Public, Commissioner
authorised to administer oaths to
affidavits or other officer authorised
by law to administer an oath under
the Statutory Declarations Act;
(b) in the case of a person who is not in
Guyana, before a Guyana diplomatic
representative, a consular officer, a
Notary Public, or some other person
lawfully authorised to administer
oaths in the country or place where
the declaration is made.
(3) Acknowledgement of paternity may occur
where a person consistently performs certain prescribed acts
with respect to a child or has in writing confirmed his
parentage of that child.
20. (1) The Court may annul a formal
acknowledgement of paternity on the grounds of fraud or
mistake on the application of or on behalf of –
(a) the person who executed the
acknowledgement;
(b) the mother of the child to whom the
acknowledgement relates;
(c) the child to whom the
acknowledgement relates;
(d) the Registrar General of births and
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c. 44:01

Declaration of
motherhood.

Declaration of
fatherhood.
deaths;
(e) any other person who may be affected
by the result of the application.
(2) Where the Court makes an annulment order,
the Registrar shall immediately cause a copy of the order to
be transmitted to the Registrar General of births and deaths to
be dealt with under the Registration of Births and Deaths Act.
21. (1) A person with an interest may apply to the
Court for a declaration that a woman is or is not in law the
mother of a child.

(2) Where the Court finds on a balance of
probabilities that a woman is or is not the mother of a child,
the Court may make a declaration to that effect.
(3) Where circumstances exist that give rise under
this Part to conflicting rebuttable presumptions of
motherhood and a Court finds on a balance of probabilities
that a woman is the mother of the child, the Court may make
a declaration to that effect.
22. (1) A person with an interest may apply to the
Court for a declaration that a man is or is not in law the father
of a child.
(2) Where the Court finds on a balance of
probabilities that a man is or is not the father of a child, the
Court may make a declaration to that effect.
(3) Where the Court finds that a presumption of
paternity under this Part exists, the Court shall make a
declaration confirming that the paternity is recognised in law
unless it is established on a balance of probabilities that the
presumed father is not the father of the child.

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Provisions
relating to
sections 21 and
22.

c. 44:01

Person entitled
to apply.
(4) Where circumstances exist that give rise under
this Part to conflicting rebuttable presumptions of fatherhood
and a Court finds on a balance of probabilities that a man is
the father of the child, the Court may make a declaration to
that effect.
23. (1) A declaration made under sections 21 and 22
may be made–
(a) whether or not the parent of the child
(or both) are alive; or
(b) whether or not the child has been
born.
(2) Where a declaration of parentage is made
under section 21 or 22, the Registrar shall immediately cause a
copy of the declaration to be transmitted to the Registrar
General of births and deaths, to be dealt with under the
Registration of Births and Deaths Act.

24. (1) For the purpose of bringing an application
under section 21 or 22 for a declaration, the following persons
shall be presumed to have an interest –
(a) a person who alleges that the
relationship of parent and child exists
between his child and a named
person;
(b) a person who alleges an interest that
the relationship of parent and child
exists between the person and another
named or identified person;
(c) the Registrar General of births and
deaths when, seeking a determination
that the relationship of parent and
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Notice of
application for
declaration.
child exists between a named person
and another named or identified
person;
(d) a person prescribed by regulations
who seeks a determination that the
relationship of parent and child exists
between a named person and another
named or identified person;
(e) a person who may be affected by the
result who seeks a determination that
the relationship of parent and child
exists between a named person and
another named or identified person.
(2) An application may be brought on behalf of a
child by a person acting on the child's behalf.
25. (1) Unless the Court otherwise directs, notice of an
application under section 21 or 22 shall be given to –
(a) the person alleged to be the child
concerned or a person prescribed to
be served on that child's behalf;
(b) the person alleged to be the parent of
the child;
(c) a person –
(i) who, within the meaning of the
law relating to Custody,
Access, Guardianship and
Maintenance, has parental
responsibility for the child;
(ii) who is the guardian of the
child;
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Order to be
recognised.
(iii) who has de facto custody of the
child;

(d) the committee or guardian of a
mentally incompetent person or in the
absence of such a committee or
guardian, the Attorney- General;
(e) any other person claiming to be
parent of the child.
(2) Upon application by a person who alleges an
interest, the Court shall consider whether or not a person
should receive notice and may direct that notice be given to a
person who in its opinion should have an opportunity to be
heard.
26. (1) A declaration made under section 21 or 22 shall
be recognised for all purposes.
(2) Notwithstanding subsection (1), the Court may
make an order annulling a declaration made under section 21
or 22 on the application of any person who applied or could
have applied for the making of the declaration, if it appears to
the Court –
(a) that new facts or circumstances have
arisen that have not previously been
disclosed to the Court; and
(b) those facts could not, by the exercise
of reasonable diligence, have
previously been disclosed to the
Court.
(3) On the making of an order under subsection
(2), the declaration ceases to have effect from that time.

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c. 44:01

Admissibility
of court
findings and
paternity
acknowledge-
ment.
(4) Section 25 applies for the purposes of
notification of an application under subsection (2).
(5) Subject to subsection (6), an annulment order
made under subsection (2), does not affect –
(a) rights and duties which have been
exercised and observed; and
(b) interest in property which has been
distributed as a result of the
declaration, before its annulment.
(6) Where a declaration is annulled under
subsection (2), the Registrar shall immediately cause a copy of
the order annulling the declaration to be transmitted to the
Registrar General of births and deaths to be dealt with under
the Registration of Births and Deaths Act.
27. (1) Where in any proceedings in which the
parentage of a child is in issue and a presumption under
section 11 or 14 is relied on, the finding or the
acknowledgement giving rise to the presumption is
admissible in evidence in those proceedings.
(2) Where in any proceedings in which the
parentage of a child is in issue, the Court before which the
proceedings are taken may admit any evidence that tends to
establish that a person is or is not a parent of the child.
(3) The power of the Court under subsection (2)
may be exercised even though the evidence is not required to
be admitted by virtue of subsection (1).
(4) Where the Court makes an order under section
26(2), it may, if it thinks that it would be just and equitable to
do so, make such ancillary orders (including orders varying
property rights) as may be necessary to place any person
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Conduct of
hearing.

Offences to
publish name,
particulars, etc.
Parentage
testing
procedures.
affected by the annulment of the declaration, as far as
practicable, in the same position as the person would have
been in if the declaration had not been made.
28. (1) The hearing of an application for –
(a) a declaration of parentage;
(b) an order to annul a declaration of
parentage, shall be in camera.
(2) The Court may adjourn the hearing of any
application under subsection (1) to give a person the
opportunity to be present or to be represented at the hearing
if the Court considers that the person's interests would be
affected by a declaration or an order annulling a declaration
of parentage.
29. A person who publishes –
(a) the name; or
(b) the particulars relating to the identity,
of a person by or in relation to whom an application for a
declaration of parentage or an order to annul a declaration of
parentage is brought commits an offence and is liable on
summary conviction to a fine of two hundred thousand
dollars and to imprisonment for six months.
30. (1) In any proceedings where the parentage of a
child is in issue, the Court may make an order requiring a
parentage testing procedure to be carried out for the purpose
of obtaining information to assist in determining the
parentage of the child.
(2) An order made under subsection (1) may direct
that the parentage testing procedure be carried out on –
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(a) the child;
(b) a person alleged to be a parent of the
child;
(c) any other person where 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.
(3) A parentage testing order may be made subject
to the terms and conditions as directed by the Court.
(4) The Court may make a parentage testing
order –
(a) on the application of –
(i) a party to the proceedings;
(ii) the Public Trustee;
(iii) the Attorney General;
(iv) the Registrar General of births
and deaths;
(v) the person representing the
child under an order made
under section 45; or
(b) of its own motion.
(5) When considering whether to make a parentage
testing order, the Court shall –
(a) consider and determine any objection
made by a party to the proceedings on
account of medical, religious or other
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Consequential
Order.
grounds; and
(b) where the Court determines that an
objection is valid, the Court shall take
the objection into account in deciding
whether to make the order.
31. (1) The Court may, upon making a parentage
testing order, make such orders as it considers necessary or
desirable –
(a) to enable the parentage testing
procedure to be carried out; or
(b) to make the parentage testing
procedure more effective or reliable.
(2) Without limiting the generality of subsection
(1), the Court may make any of the following orders –
(a) an order requiring a person named in
the order to submit to a medical
procedure;
(b) an order requiring a person to
provide a body sample;
(c) an order requiring a person to
surrender a body sample previously
obtained from that person or from
another person that has been stored or
otherwise preserved;
(d) an order requiring a person to furnish
information relevant to that person's
medical or family history.
(3) An order under subsection (2)(c) may be made
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Order as to cost.

Order in
regards to
medical
procedure
whether or not the person whose body sample is stored or
preserved is alive at the time the order is made.
(4) In deciding whether to make an order under
this section, the Court shall –
(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.
32. The Court may make such orders as to cost as it
considers just in relation to costs incurred for –
(a) the carrying out of the parentage
testing procedure or other orders
made by the Court in relation to the
parentage testing procedure;
(b) the preparation of reports in relation
to the information obtained as a result
of the carrying out of the parentage
testing procedure.
33. (1) This section applies where a parentage testing
order or an order under section 31 requires a medical
procedure or other act to be carried out in relation to a child.
(2) No parentage testing procedure or other act
shall be carried out in relation to a child unless –
(a) a parent of the child;

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No liability
where consent
given.
(b) a person with parental responsibility
for the child; or
(c) a guardian of the child,
consents to the medical procedure or other act being carried
out.
(3) Nothing in subsection (2) operates to prevent a
child of or over the age of sixteen years consenting to the
medical procedure or act being carried out on his or her own
behalf.
(4) Where a child of or over the age of sixteen
withholds consent to the medical procedure or the act being
carried out, the consent of any or all of the persons referred to
in subsection (2) shall be ineffective for the purpose of the
carrying out of the medical procedure or act.
34. (1) Where –
(a) a parent of a child;
(b) a person with parental responsibility
for the child; or
(c) a guardian of a child,
consents to a medical procedure or other act being carried out
in relation to the child under an order made under section 30
or 31, a person who carries out, or assists in the carrying out
of, the medical procedure or act is not liable to any civil or
criminal action in relation to the proper carrying out of the
medical procedure or act.
(2) Nothing in subsection (1) affects any liability of
a person for an act done negligently, or negligently omitted to
be done, in relation to the carrying out of a medical procedure
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Non –
compliance
with parentage
testing or other
orders.

Reports on
parentage
testing
procedure.
or act.
35. Where a person, including a child of or over the
age of sixteen years, fails or refuses to consent to the medical
procedure or act being carried out, the Court may draw such
inferences from the failure or refusal to consent as appear just
in the circumstances.
36. (1) A report made in accordance with regulations
made under section 48 (2) (b) may be received in evidence in
any proceedings under this Act.
(2) Where a report is received in evidence in any
proceedings under this Act, the Court may make an order
requiring –
(a) the person who made the report;
(b) any person whose evidence may be
relevant in relation to the report,
to appear before the Court and give evidence in relation to the
report.
(3) An order under subsection (2) may be made by
the Court –
(a) on the application of –
(i) a party to the proceedings;
(ii) the Public Trustee;
(iii) the Attorney-General;
(iv) a person representing a child
under an order made under
section 45; or
(b) on its own motion.

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Personating
proffering, etc.
another for a
parentage
testing
procedure.

Inspection of
register.

c. 44:01

Extra-territorial
declaration.
37. A person who –
(a) undergoes a parentage testing
procedure under a parentage testing
order or other procedure ordered
under section 31 for the purpose of
impersonating the person who is
required by the order to undergo the
procedure; or
(b) proffers a child for the purpose of
undergoing a parentage testing
procedure under a parentage testing
order or other procedure ordered
under section 31 knowing that the
child is not the child named in the
order,
commits an offence and is liable on summary conviction to a
fine of two hundred thousand dollars and to imprisonment
for six months.
38. On application and on satisfying the Registrar
General of births and deaths that the information is not to be
used for an unlawful or improper purpose, a person may
inspect and obtain from the Registrar General a certified copy
of –
(a) a formal acknowledgement of
paternity filed under section 19; or
(b) a certificate of registration of birth
made under the Registration of Births
and Deaths Act.
39. An extra-territorial declaration shall be recognised
and shall have the same effect as if made in Guyana where –

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Exceptions to
section 39.

Filing of extra
territorial
declarations.
(a) at the time the proceedings were
commenced or the order was made,
either parent was domiciled in
Guyana;
(b) the court that made the order would
have had jurisdiction to do so under
the laws of Guyana;
(c) the court that made the order is a
prescribed overseas jurisdiction;
(d) the child was habitually resident in
the territorial jurisdiction of the court
making the order at the time the
proceedings were commenced or the
order was made; or
(e) the child or either parent had a real
and substantial connection with the
territorial jurisdiction in which the
order was made at the time the
proceedings were started or the order
was made.
40. The Court may decline to recognise an extra-
territorial declaration and may make a declaration under this
Act where –
(a) new evidence that was not available
at the hearing becomes available; or
(b) the Court is satisfied that the extra-
territorial declaration was obtained by
fraud or duress.
41. (1) A copy of an extra-territorial declaration,
certified under the seal of the court that made it, may be filed
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c. 44:01
Admissibility
extra-territorial
declaration.

Extra-territorial
paternity
findings.
in the office of the Registrar General of births and deaths.
(2) A copy of extra-territorial declaration may not
be filed under subsection (1) unless it is accompanied by –
(a) a sworn statement by a lawyer or
public official lawfully authorised in
the jurisdiction in which the order
was made as to the effect of the
declaration in that jurisdiction; and
(b) where necessary, a translation verified
by affidavit.
(3) Subject to subsection (4) upon the filing of an
extra-territorial declaration under this section, the Registrar
General shall, in accordance with the Registration of Births
and Deaths Act, amend the register accordingly.
(4) Where an extra-territorial declaration
contradicts paternity found by an order already filed with the
Registrar General of births and deaths, the most recent order
in time shall prevail.
(5) For the purposes of this section, the Registrar
General of births and deaths is not liable for consequences
resulting from filing of material that is apparently regular on
its face for the purposes of this section.
42. A copy of an extra-territorial declaration or finding
certified under the seal of the court that made it and
accompanied by the documents specified in section 41(2), is
admissible in evidence without proof of the signatures or
office of a person certifying the declaration.
43. An extra-territorial finding of paternity or
maternity that is made by a court that has jurisdiction to
determine the matter in which the finding was made
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Admissibility
of extra-
territorial
finding of
paternity.

Separate
representation
of child.

Court may
enforce its own
orders
Application of
particular
sections.
(prescribed overseas jurisdiction) shall be recognised and
have the same effect as if made in Guyana under the same
circumstances.
44. A copy of an extra-territorial order or judgment in
which a finding of or maternity is made, certified under the
seal of the court that made it, is admissible in evidence
without proof of the signature or office of a person executing
the certificate.
PART IV
MISCELLANEOUS
45. (1) Where it appears to the Court that a child
ought to be separately represented, the Court may order that
the child is to be separately represented, and may also make
such orders as it considers necessary to secure that
representation.
(2) The Court may make an order for separate
representation of a child –
(a) on the application of a person with an
interest in the proceedings; or
(b) of its own motion.
46. Nothing in this section affects the jurisdiction or
power of the Court making an order under this Act to enforce
its orders.
47. Subject to section 3 (3) the provisions of section 39
to 44 inclusive apply to extra- territorial declarations and
extra-territorial finding of paternity or maternity whether
made before or after 21st May, 1983 (being the date on which
the Children Born out of Wedlock (Removal of
Discrimination) Act commenced.

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Regulations.

Repeal of
children born
out of wedlock
(Removal of
Discrimination)
Act No. 12 of
1983.
Regulations for
resolving
transitional
difficulties.
48. (1) The Minister may make regulations with
respect to any matter that this Act requires or permits to be
prescribed or that is necessary to be prescribed for carrying
out or giving effect to this Act.
(2) Without affecting the generality of subsection
(1), the regulations may make provision with respect to –
(a) the carrying out of parentage testing
procedures under parentage testing
orders;
(b) the preparation of reports in relation
to the information obtained as a result
of the carrying out of such
procedures.
(3) A person who contravenes any regulation
commits an offence and is liable on summary conviction to a
fine of two hundred thousand dollars and to imprisonment
for six months.
PART V
TRANSITIONAL, REPEAL, SAVINGS
49. The Children Born out of Wedlock (Removal of
Discrimination) Act is repealed.
50. The Minister may make regulations to provide –
(a) for resolving any difficulties that may
arise out of the repeal by this Act;
(b) for the amendment of subsidiary
legislation or a part, made under any
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Savings and
transitional
regulations.

Prior Court
determinations.

Reference to
repealed
enactments.
No. 12 of 1983.
law repealed by this Act and
remaining in force pursuant to this
Act.
51. (1) The Minister may make regulations containing
provisions of a saving or transitional nature consequent on
the enactment of this Act.
(2) A provision referred to in subsection (1) may, if
the regulations so provide, take effect on or from the date of
the commencement of the Act or a later day.
(3) To the extent to which a provision referred to in
subsection (1) takes effect from a date that is earlier than the
date of its publication in the Gazette, the provision does not
operate so as to –
(a) affect, in a manner prejudicial to any
person (other than the State or an
authority of the State), the rights of
that person existing before the date of
its publication;
(b) impose liabilities on any person (other
than the State or an authority of the
State) in respect of anything done or
omitted to be done before the date of
its publication.
52. Nothing in any provision of this Act affects any
determination concerning the parentage or status of a child
made by a Court before the commencement of the provision,
except where specifically provided by this Act.
53. A reference in any instrument made under any
Act, or any repealed provision of the Children Born out of
Wedlock (Removal of Discrimination) Act is to be read as a

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reference to the equivalent, if any, provision of this Act.
____________________