Status of Children
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lAWs of trinidAd And toBAGo
L.R.O.
stAtus of children Act
chApter 46:07
Act
17 of 1981
Amended by
6 of 1993
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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index of subsidiary legislation
Page
Blood Tests (Evidence of Paternity) Regulations (LN 92/1983) … … 17
Prescribed Fees Regulations (LN 91/1983) … … … … 30
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chApter 46:07
stAtus of children Act
ARRANGEMENT OF SECTIONS
section
preliMinArY
1. Short title.
2. Interpretation.
stAtus of children
3. All children of equal status.
4. Application of this Act.
5. Protection of personal representatives and trustees.
eVidence As to pArenthood
6. Presumptions as to parenthood of child born during marriage.
7. Recognition of paternity.
8. Evidence and proof of paternity.
9. Acknowledgements may be filed with Registrar General.
10. Power of Court to make paternity order.
11. Notice of application for paternity order.
12. Duration of paternity order.
Blood tests
13. Power of Court to require use of blood tests.
14. Consents, etc., required for the taking of blood samples.
15. Failure to comply with direction for blood tests.
16. Penalties for personating another re blood tests and for tampering
with blood sample.
16A. Insertion of father’s name.
17. Regulations re blood tests.
GenerAl
18. Regulations.
19. Existing laws.
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17 of 1981.
Commencement.
[33/1983].
Short title.
Interpretation.
Ch. 44:01.
chApter 46:07
stAtus of children Act
An Act to remove the legal disabilities of children born out
of wedlock.
[1ST MARCh 1983]
preliMinArY
1. This Act may be cited as the Status of Children Act.
2. (1) In this Act—
“child” includes a person who has attained the age of eighteen years;
“child born in wedlock” means a child whose parents were
married to each other when the child was conceived or born
or between those times, and “child not born in wedlock”
means any other child;
“marriage” includes a void or voidable marriage, and “marry”
has a corresponding meaning;
“Minister” means the Minister to whom responsibility for the
administration of this Act is assigned;
“Registrar General” means the person for the time being holding
office as Registrar General under the Births and Deaths
Registration Act and includes any person for the time being
discharging the duties of that office.
(2) For the purposes of sections 13 to 17 inclusive—
“blood samples” means blood taken for the purpose of blood tests;
“blood tests” means blood tests carried out and includes any test
made with the object of ascertaining the inheritable
characteristics of blood;
“excluded” means excluded subject to the occurrence of
mutation;
“tester” means a medical practitioner designated by the Minister
to carry out blood tests.
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stAtus of children
3. (1) Notwithstanding any other written law or rule of
law to the contrary for all the purposes of the law of Trinidad
and Tobago—
(a) the status and the rights, privileges and obligations
of a child born out of wedlock are identical in all
respects to those of a child born in wedlock;
(b) save as provided in this Act, the status and the
rights and obligations of the parents and all
kindred of a child born out of wedlock are the
same as if the child were born in wedlock; but this
provision shall not affect the status, rights or
obligations of the parents as between themselves.
(2) The rule of construction whereby in any Will, Deed,
or other instrument words of relationship, in the absence of a
contrary expression of intention, signify relationship derived
only from wedlock is abolished.
(3) For the purpose of construing any instrument words
denoting a family relationship shall, in the absence of a contrary
expression of intention, cease to be presumed to refer only to
relationship by marriage and for the purpose of construing any
instrument, in the absence of a contrary expression of intention,
reference to a child or children includes a child or children
whether or not born in wedlock.
(4) Subsections (1) to (3) shall apply with respect to
every person, whether born before or after the commencement of
this Act, and whether born in Trinidad and Tobago or not, and
whether or not his father or mother has ever been domiciled in
Trinidad and Tobago.
4. (1) This Act does not affect rights which became vested
before its commencement.
(2) Save as provided in subsection (1) this Act applies
to persons born and instruments executed before as well as
after its commencement.
All children of
equal status.
Application of
this Act.
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Protection of
personal
representatives
and trustees.
Presumptions
as to parenthood
of child born
during marriage.
5. For the purposes of the administration or distribution of
the estate of any deceased person or of any other property held
upon trust—
(a) a person born out of wedlock shall be presumed
not to have been survived by his father or any other
paternal relative unless the contrary is shown;
(b) a person born in wedlock shall be presumed not to
have been survived by a child of his father, father’s
mother, grandfather or mother’s mother born out
of wedlock unless the contrary is shown,
and no trustee or personal representative shall be liable to any
such person of whose claim he has not had notice at the time of
the conveyance or distribution, but nothing in this section shall
prejudice the right of any person to follow the property or any
property representing it into the hands of any person other than
a bona fide purchaser without notice who may have received it.
eVidence As to pArenthood
6. (1) Subject to subsections (2) and (3), a child born to a
woman during her marriage, or within ten months after the marriage
has been dissolved by death or otherwise, shall, in the absence of
evidence to the contrary, be presumed to be the child of his mother
and her husband, or former husband, as the case may be.
(2) Subsection (1) shall not apply if, during the whole of
the time within which the child must have been conceived, the
mother and her husband were living apart from each other
whether as a matter of fact or under a decree or order of
separation, or decree nisi of divorce, made by a competent Court
or authority in Trinidad and Tobago or elsewhere.
(3) Subsection (1) shall not apply where a child is born
within ten months after the dissolution of the marriage of his
mother by death or otherwise, and after she has married again,
and in such case there shall be no presumption as between the
husband of the mother and her former husband that either is the
father of the child, and the question shall be determined on the
balance of probabilities in each case.
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Recognition of
paternity.
Ch. 44:01.
Evidence and
proof of
paternity.
Ch. 44:01.
Ch. 46:08.
7. The relationship of father and child, and any other
relationship traced in any degree through that relationship shall
be recognised only if—
(a) the father and the mother of the child were
married to each other at the time of his
conception or birth or between those times; or
(b) paternity has been registered in a register of
births pursuant to the Births and Deaths
Registration Act or established by any of the
modes specified in section 8 or 10 of this Act.
8. (1) If, pursuant to section 21 of the Births and Deaths
Registration Act the name of the father of the child to whom the
entry relates has been entered in the register book of births
(whether before or after the commencement of this Act) a
certified copy of the entry made or given and purporting to be
signed in accordance with section 46 of that Act shall be
prima facie evidence that the person named as the father is the
father of the child.
(2) A paternity order within the meaning of the Family
Law (Guardianship of Minors, Domicile and Maintenance) Act,
shall be prima facie evidence of the fact of paternity in any
subsequent proceedings whether or not between the same parties.
(3) A paternity order made under section 10 shall, for
all purposes, be prima facie proof of the matters contained in it.
(4) An order made in any country outside Trinidad and
Tobago declaring a person to be the father or putative father of
a child, being an order to which this section applies, shall be
prima facie evidence that the person declared to be the father or
putative father, as the case may be, is the father of the child.
(5) The President may from time to time, by Order
published in the Gazette, declare that subsection (4) applies with
respect to orders made by any Court or public authority in any
specified country outside Trinidad and Tobago or by any
specified Court or public authority in any such country.
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Acknowledge-
ments may be
filed with
Registrar
General.
Ch. 7:01.
Ch. 46:08.
Power of
Court to make
paternity order.
9. (1) Any statutory declaration made by the mother of a child
and by any person acknowledging that he is the father of the child
and further declaring that such person exhibited evidence of
identification together with a statement specifying the nature of such
evidence or a duplicate or attested copy of any such statutory
declaration may, in the prescribed manner and on payment of the
prescribed fee, if any, be filed in the office of the Registrar General.
(2) In the case of a person who is in Trinidad and Tobago
the authorities before whom a statutory declaration for the purposes
of subsection (1) may be made are a notary public, a Magistrate or
some other person lawfully authorised under the Oaths Act to
administer oaths.
(3) In the case of a person who is not in Trinidad and
Tobago the authorities before whom a statutory declaration for
the purposes of subsection (1) may be made are a Trinidad and
Tobago diplomatic agent or a consular officer or a notary public
or some other person lawfully authorised to administer oaths in
the country or place where the declaration is made.
(4) The Registrar General shall upon the request of any
person who he is satisfied has a proper interest in the matter and, on
receipt of the prescribed fee, if any, cause a search of any index of
statutory declarations filed with him under subsection (1) to be
made, and shall permit any such person to inspect any such
declaration or any duplicate or copy thereof.
(5) Where the high Court makes a paternity order under
section 10 of this Act or where a Magistrate’s Court makes a
paternity order within the meaning of the Family Law (Guardianship
of Minors, Domicile and Maintenance) Act, the Registrar of the
Supreme Court or the Clerk of the Peace, as the case may be, shall
forward a copy of such order to the Registrar General for filing in his
office under this section, and on his receipt of any such copy the
Registrar General shall file it accordingly as if it were an instrument
of the kind prescribed in subsection (1).
10. (1) Any person who—
(a) being a woman, alleges that any named person
is the father of her child;
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(b) alleges that the relationship of father and child
exists between himself and any other person;
(c) alleges that he is the father of an unborn child; or
(d) being a person having a proper interest in the
result, wishes to have it determined whether the
relationship of father and child exists between
two named persons,
may apply in such manner as may be prescribed by Rules of
Court to the high 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 paternity order whether or not the father or
child or both of them are living or dead.
(2) An application under this section may be brought on
behalf of the child by any person acting on his behalf.
(3) The high Court has jurisdiction under this section if
at the date of the making of any application under this section—
(a) the child to whom the application relates is
actually present in Trinidad and Tobago or,
if deceased, was born in Trinidad and Tobago
or was domiciled in Trinidad and Tobago at the
date of his death; or
(b) the alleged parent of the child against whom
the application is brought is actually present in
Trinidad and Tobago or, if deceased, was born in
Trinidad and Tobago or domiciled in Trinidad
and Tobago at the date of his death,
and the high Court also has jurisdiction under this section where—
(a) the child, though absent from Trinidad and
Tobago at the time of the proceedings, is a
citizen of Trinidad and Tobago; or
(b) the alleged parent of the child against whom
the application is brought, though absent from
Trinidad and Tobago at the time of the
proceedings, is a citizen of Trinidad and Tobago.
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Ch. 4:01.
Notice of
application for
paternity order.
Duration of
paternity order.
(4) No proceeding under this section shall affect any
final judgment or decree already pronounced or made by a Court
of competent jurisdiction.
(5) Where on an application to the high Court under this
section the Court has made or has refused to make an order there
shall be the same rights of appeal as are in force or exist for the
time being in respect of civil proceedings in the high Court and
the provisions of the Supreme Court of Judicature Act, and the
Rules of the Supreme Court, and the Court of Appeal Rules, shall
apply to such appeals.
11. (1) Unless the Court otherwise directs, notice of an
application for a paternity order shall be given to—
(a) the person claimed to be a child or any person
named by law to be served on his behalf, and
(b) the person alleged to be the father or mother, as
the case may be, of the child, and the person
having custody of the child, or
(c) the committee of a mentally incompetent
person or the committee of a mentally
incompetent child or in the absence of such
a committee the Attorney General; and
(d) any other person claiming to be a parent.
(2) Upon application the Court shall—
(a) consider whether or not any other person should
receive notice; and
(b) direct that notice be given to any person who in its
opinion should have an opportunity to be heard.
12. (1) A paternity order remains in force until it is set aside
under this section.
(2) An application to set aside a paternity order may be
made with leave of the Court to the Court by which the order
was made.
(3) Notice of the application shall be given to the person
specified in section 11.
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Power of Court
to require use of
blood tests.
(4) The Court may confirm the order or set it aside.
(5) The setting aside of a paternity order shall not,
unless the Court otherwise directs, affect rights which vested
while the order was in force.
Blood tests
13. (1) In any civil proceedings in which the paternity of
any person (hereinafter referred to as “the subject”) falls to be
determined by a Court hearing the proceedings, the Court may,
on an application by any party to the proceedings, give direction
for the use of blood tests to ascertain whether such tests show that
a party to the proceedings is or is not thereby excluded from
being the father of the subject and for the taking, within a period
to be specified in the direction, of blood samples from the
subject, the mother of the subject and any party alleged to be the
father of the subject or from any, or any two, of those persons.
(2) A Court may at any time revoke or vary a direction
previously given by it under this section.
(3) The person responsible for carrying out blood tests
taken for the purpose of giving effect to a direction under this
section shall make to the Court by which the direction was given
a report in which he shall state—
(a) the results of the tests;
(b) whether the person to whom the report relates is
or is not excluded by the results from being the
father of the subject; and
(c) if that person is not so excluded, the value, if
any, of the results in determining whether that
person is the subject’s father,
and the report shall be received by the Court as evidence in the
proceedings of the matters stated therein.
(4) Where a report has been made to a Court under
subsection (3), any party to the proceedings may, with the leave of
the Court, or shall, if the Court so directs, obtain from the person
who made the report a written statement explaining or amplifying
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Ch. 46:08.
Consents, etc.,
required for the
taking of blood
samples.
any statement made in the report, and that statement shall be
deemed for the purposes of this section to form part of the report
made to the Court.
(5) Where a direction is given under this section in any
proceedings, a party to the proceedings shall not be entitled to
call as a witness the person responsible for carrying out the tests
taken for the purpose of giving effect to the direction, or any
person by whom anything necessary for the purpose of enabling
those tests to be carried out was done, unless—
(a) within fourteen days after receiving a copy of the
report he serves notice on the other parties to the
proceedings, or on such of them as the Court may
direct, of his intention to call that person; or
(b) the Court otherwise directs,
and where any such person is called as a witness the party who
called him shall be entitled to cross-examine him.
(6) Where a direction is given under this section the party
on whose application the direction is given shall pay the cost of
taking and testing blood samples for the purpose of giving effect to
the direction (including any expenses reasonably incurred by any
person in taking any steps required of him for the purpose), and of
making a report to the Court under this section, but the amount paid
shall be treated as costs incurred by him in the proceedings.
(7) In this section “civil proceedings” include any
proceedings under the Family Law (Guardianship of Minors,
Domicile and Maintenance) Act.
14. (1) Subject to the provisions of subsections (3) and (4),
a blood sample which is required to be taken from any person for
the purpose of giving effect to a direction under section 13 shall
not be taken from that person except with his consent.
(2) The consent of a minor who has attained the age of
sixteen years to the taking from himself of a blood sample shall
be as effective as it would be if he were of full age; and where a
minor has by virtue of this subsection given an effective consent
to the taking of a blood sample it shall not be necessary to obtain
any consent for it from any other person.
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Failure to
comply with
direction for
blood tests.
(3) A blood sample may be taken from a person under
the age of sixteen years, not being such a person as is referred to
in subsection (4), if the person who has the care and control of
him consents or, in the absence of such consent, or, where that
consent is unreasonably withheld, if the Court so directs.
(4) A blood sample may be taken from a person who is
suffering from mental disorder and is incapable of understanding
the nature and purpose of blood tests if the person who has the
care and control of him consents and the medical practitioner in
whose care he is, has certified that the taking of a blood sample
from him will not be prejudicial to his proper care and treatment.
(5) The foregoing provisions of this section are without
prejudice to section 15.
15. (1) Where a Court gives a direction under section 13 and
any person fails to take any step required of him for the purpose of
giving effect to the direction, the Court may draw such inferences,
if any, from that fact as appear proper in the circumstances.
(2) Where in any proceedings in which the paternity
of any person falls to be determined by a Court hearing the
proceedings there is a presumption of law that that person is the
child of another, then if—
(a) a direction is given under section 13 in those
proceedings; and
(b) any party who is claiming relief in the
proceedings and who for the purpose of obtaining
that relief is entitled to rely on the presumption
fails to take any steps required of him for the
purpose of giving effect to the direction,
the Court may adjourn the hearing for such period as it thinks fit to
enable that party to take that step, and if at the end of that period he
has failed without reasonable cause to take it the Court may, without
prejudice to subsection (1), dismiss his claim for relief
notwithstanding the absence of evidence to rebut the presumption.
(3) Where any person named in a direction under
section 13 fails to consent to the taking of a blood sample from
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Penalties for
personating
another re blood
tests and for
tampering with
blood sample.
Insertion of
father’s name.
[6 of 1993].
Regulations
re blood tests.
himself or from any person named in the direction of whom he
has the care and control, he shall be deemed for the purposes of
this section to have failed to take a step required of him for the
purposes of giving effect to the direction.
16. (1) If for the purpose of providing a blood sample for a
test required to give effect to a direction under section 13 any
person personates another, or proffers a child knowing that it is
not the child named in the direction, he is liable—
(a) on conviction on indictment, to imprisonment
for two years; or
(b) on summary conviction, to a fine of one thousand
dollars or to imprisonment for six months.
(2) If a person wilfully and maliciously—
(a) breaks the seal of or opens or causes to be
opened any container with a blood sample
which is to be delivered to a tester; or
(b) does any act or thing whereby the due delivery
of such container to the tester is prevented or
impeded; or
(c) in any manner tampers with such container,
he is liable on summary conviction to a fine of one thousand
dollars or to imprisonment for six months.
16A. The Registrar General may pursuant to section 9 or
section 10 and upon payment of the prescribed fee insert the
name of the father of a child on the birth certificate of that child.
17. The Minister may by Regulations make provision as to
the manner for giving effect to directions under section 13 and, in
particular, any such Regulations may—
(a) provide that blood samples shall not be taken
except by such medical practitioners as may be
designated by the Minister;
(b) regulate the taking, identification and transport
of blood samples;
(c) require the production at the time when a blood
sample is to be taken of such evidence of the
identity of the person from whom it is to be
taken as may be prescribed by the Regulations;
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Regulations.
Existing laws.
(d) require any person from whom a blood sample is
to be taken, or in such cases as may be prescribed
by the Regulations, such other person as may be
so prescribed to state in writing whether he or the
person from whom the sample is to be taken, as
the case may be, has during such period as may be
specified in the Regulations suffered from any
such illness as may be so specified or received a
blood transfusion of blood;
(e) provide that blood tests shall not be carried out
except by such persons, and at such places, as
may be appointed by the Minister;
(f) prescribe the blood tests to be carried out and
the manner in which they are to be carried out;
(g) regulate the charges that may be made for the
taking and testing of blood samples and for the
making of a report to a Court under section 13;
(h) make provision for securing that so far as
practicable the blood samples to be tested for the
purpose of giving effect to a direction under
section 13 are tested by the same person;
(i) prescribe the form of the report to be made to a
Court under section 13.
GenerAl
18. (1) The Minister may, from time to time, make
Regulations for all or any of the following purposes:
(a) prescribing fees and forms for the purposes of
this Act;
(b) providing for such other matters as are
contemplated by or necessary for giving full
effect to this Act, and for its due administration.
(2) Where the Registrar General is empowered to do any
act for which a fee is payable, he may refuse to do the act until
the fee is paid.
19. (1) The existing laws shall, as from the date of
commencement of this Act, be construed with such adaptations as
may be necessary to bring them into conformity with this Act.
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(2) The Minister may, from time to time, by Order, make
such amendments to any existing law as may appear to him to be
necessary for bringing that law into conformity with the
provisions of this Act.
(3) For the purposes of this section, the expression
“existing law” means any Act, Ordinance, Rule, Regulation,
Order or other instrument which has effect as part of the Law of
Trinidad and Tobago immediately before the commencement of
this Act.
(4) An order made under this section shall be subject to
affirmative resolution of Parliament.
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suBsidiArY leGislAtion
Blood tests (eVidence of pAternitY)
reGulAtions
ARRANGEMENT OF REGULATIONS
reGulAtion
1. Citation and commencement.
2. Interpretation.
3. Direction form.
4. Subjects under disability to be accompanied.
5. Taking of samples.
6. Sampling procedure.
7. Despatch of samples to tester.
8. Where sampler is unable to take samples.
9. Testing of samples.
10. Report by tester.
11. Where tests are not made.
12. Prescribed fees.
first schedule—Forms.
second schedule—Fees.
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Blood tests (eVidence of pAternitY)
reGulAtions
made under sections 17 and 18
1. These Regulations may be cited as the Blood Tests
(Evidence of Paternity) Regulations, and shall come into
operation on Thursday the 9th day of June 1983.
2. (1) In these Regulations—
“civil proceedings” includes an application for maintenance of a
minor under section 13 of the Family Law (Guardianship of
Minors, Domicile and Maintenance) Act;
“Court” means a Court which gives a direction for the use of
blood tests in pursuance of section 13 of the Act;
“direction” means a direction given under section 13 of the Act;
“direction form” means the form set out as Form 1 in the
First Schedule;
“person named” means the mother of a subject or the man who is
alleged to be the father of the subject from whom a Court
has directed that blood samples shall be taken;
“photograph” means a recent photograph taken full face without
a hat, the size of which shall be one and one-half inches
by one and one-half inches or thirty-seven millimetres by
thirty-seven millimetres;
“sampler’’ means a medical practitioner designated as such by
the Minister pursuant to section 17 of the Act;
“subject” means a person whose paternity being in question in
any civil proceedings falls to be determined by a Court
hearing the proceedings.
(2) A reference in these Regulations to a person who is
under a disability is a reference to a person who has not attained
the age of sixteen years or who is suffering from a mental
disorder within the meaning of the Mental health Act and is
incapable of understanding the nature and purpose of blood tests.
92/1983.
Citation and
commencement.
Interpretation.
Ch. 46:08.
First Schedule.
Ch. 28:02.
[subsidiary]
18 chap. 46:07 Status of Children
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Blood Tests (Evidence of Paternity) Regulations [subsidiary]
L.R.O.
3. A sampler shall not take a sample from a subject or from a
person named unless Parts I and II of Form 1 in the First Schedule
have been completed and the direction form purports to be signed
by the proper officer of the Court or some person on his behalf.
4. A subject or a person named who is under a disability who
attends a sampler for the taking of a sample shall be accompanied
by a person of full age who shall identify him to the sampler.
5. (1) Without prejudice to the provisions of Rules of
Court, a sampler may make arrangements for the taking of
samples from a subject or from a person named or may change
any arrangement already made and make other arrangements.
(2) Subject to these Regulations, where a subject or a
person named attends a sampler in accordance with arrangements
made under a direction, the sampler shall take a sample from him
on that occasion.
(3) A sampler shall not take a sample from a subject or
a person named if—
(a) he has reason to believe that the subject or the
person named has been transfused with blood
within three months immediately preceding the
day on which the sample is to be taken;
(b) in his opinion, tests on a sample taken at that time
from that subject or that person named could not
effectively be carried out for the purposes of and
in accordance with the direction; or
(c) in his opinion, the taking of a sample might have
an adverse effect on the health of the subject or
the person named.
(4) A sampler may take a sample from a subject or a
person named who has been injected with a blood product or
blood plasma if, in his opinion, the value of any tests done on that
sample would not be thereby affected, but shall inform the tester
that the subject or the person named was so injected.
Direction form.
Form 1.
Part I.
Part II.
First Schedule.
Subjects under
disability to be
accompanied.
Taking of
samples.
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[subsidiary] Blood Tests (Evidence of Paternity) Regulations
20 chap. 46:07 Status of Children
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Sampling
procedure.
Form 1.
Part V.
First Schedule.
(5) Where a sampler does not take a sample from a
subject or a person named in accordance with arrangements made
for the taking of that sample and no other arrangements are made,
he shall return the direction form relating to the subject or the
person named to the Court, having stated on the form his reason
for not taking the sample and any reason given by the subject or
the person named (or by the person having the care and control
of the subject or the person named) for any failure to attend in
accordance with those arrangements.
(6) A subject or a person named who attends a sampler
for the taking of a sample may be accompanied by his legal
representative.
6. (1) A sampler shall comply with the provisions of this
regulation, all of which shall be complied with in respect of one
subject and the persons named in a direction before they are
complied with in respect of any other subject and the persons
named in another direction; so, however, that a report made in
accordance with section 13(3) of the Act or any other evidence
relating to the samples or the tests made on the samples shall not
be challenged solely on the ground that a sampler has not acted
in accordance with the provisions of this regulation.
(2) Before a sample is taken from any person who has
attained the age of twelve months by the date of the direction, the
sampler shall ensure that a photograph of that person is affixed to
the direction form relating to that person (subject or person
named, as the case may be) unless the direction form is
accompanied by a certificate from a medical practitioner that the
subject or the person named is suffering from a mental disorder
and that a photograph of him cannot or should not be taken.
(3) Before a sample is taken from a subject, or from a
person named, he, or where he is under a disability the person of
full age accompanying him, shall complete the declaration in Part V
of the direction form (that that subject or person named is the
subject or the person named to whom the direction form relates
and, where a photograph is affixed to the direction form, that the
photograph is a photograph of that subject or person named) which
shall be signed in the presence of and witnessed by the sampler.
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Status of Children chap. 46:07 21
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Blood Tests (Evidence of Paternity) Regulations [subsidiary]
L.R.O.
Form 1.
Part VII.
First Schedule.
Despatch of
samples to
tester.
(4) Where a subject or a person named is suffering from
a mental disorder, the sampler shall not take a sample from him
unless the sampler is in possession of a certificate from a medical
practitioner certifying that the taking of a blood sample from the
subject or the person named will not be prejudicial to his proper
care and treatment.
(5) A sample shall not be taken from any subject or from
a person named unless—
(a) he or, where he is under a disability, the person
having the care and control of him, has signed a
statement on the direction form that he consents
to the sample being taken; or
(b) where he is under a disability and is not
accompanied by the person having the care and
control of him, the sampler is in possession of a
statement in writing, purporting to be signed by that
person that he consents to the sample being taken.
(6) The sampler shall affix to the direction form any
statement referred to in subregulation (5)(b).
(7) If a subject or a person named, or where he is under
a disability, the person having the care and control of him, does
not consent to the taking of a sample, he may record on the
direction form his reasons for withholding his consent.
(8) When the sampler has taken a sample he shall place
it in a suitable container and shall affix to the container a label
giving the full name, age and sex of the subject or the person
named from whom it was taken and the label shall be signed by
the sampler and by that subject or person named or, if he is under
a disability, the person accompanying him.
(9) The sampler shall state in Part VII of the direction
form that he has taken the sample and the date on which he did so.
7. (1) When a sampler has taken samples, he shall, where
he is not himself the tester, pack the containers together with the
relevant direction forms and shall despatch them forthwith to the
tester by registered post or shall deliver them or cause them to be
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[subsidiary] Blood Tests (Evidence of Paternity) Regulations
22 chap. 46:07 Status of Children
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Where sampler
is unable to
take samples.
Testing of
samples.
Report by
tester.
Form 2.
First Schedule.
Where tests are
not made.
Prescribed fees.
Second
Schedule.
delivered to the tester by some person, other than a subject or a
person named or a person who has accompanied a subject or a
person named to the sampler.
(2) If at any time a sampler despatches to a tester
samples from some only of a subject and the persons named and
has not previously despatched samples taken from the subject or
other persons named, he shall inform the tester whether he is
expecting to take any samples from the subject and the other
persons named and, if so, from whom and on what date.
8. (1) Where a sampler is unable himself to take samples
from a subject and all persons named he may request another
sampler to take the samples which he is unable to take.
(2) The sampler shall record the nomination of the other
sampler on the relevant direction forms and shall forward them to
the sampler whom he has requested to take the samples in his place.
9. (1) Samples taken for the purpose of giving effect to a
direction shall, so far as practicable, all be tested by the same tester.
(2) A tester shall not make tests on any samples for the
purpose of a direction unless he will, in his opinion, be able to
show from the results of those tests (whether alone or together
with the results of tests on any samples which he has received and
tested or expects to receive subsequently) that a person named is
or is not excluded from being the father of a subject whose
paternity is in dispute.
10. On completion of the tests in compliance with the
direction, the tester shall forward to the Court a report in the form
set out as Form 2 in the First Schedule, together with the
appropriate direction forms.
11. If at any time it appears to a tester that he will be unable
to make tests in accordance with the direction, he shall inform the
Court, giving his reasons, and shall return the direction forms in
his possession to the Court.
12. The fees specified in the Second Schedule are hereby
prescribed for the purposes of the Act and samplers and testers
shall be paid the fees so specified and prescribed.
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Status of Children chap. 46:07 23
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Blood Tests (Evidence of Paternity) Regulations [subsidiary]
L.R.O.
Regulations 2(1)
and 10.
Insert title of
proceedings.
*Delete as
appropriate.
first schedule
forM 1
direction forM
stAtus of children Act, ch. 46:07
......................................................................
v
......................................................................
Reference No. of direction .................................................................................
Full name and date of birth of person to be tested to whom this form
relates ................................................................................................................
pArt i
notificAtion of direction
The ................................................................ (name and address of Court)
on ........................................................... day of .................................... 20........
directed that blood tests be carried out in respect of the persons whose names
are set out below for the purpose of ascertaining the paternity of
.................................................. (name of person whose paternity is in dispute)
and that blood samples be taken from the person named below on or before
the....................................... day of ..........................................................20.......
*The name of the person appearing to the Court to have the care and
control of the person to whom this form relates who is under 16*/suffering
from a mental disorder within the meaning of the Mental health Act,
Ch. 28:02 and is incapable of understanding the nature and purpose of
blood tests, is ......................................................................................................
......................................... (Signed)
Proper Officer of the Court
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[subsidiary] Blood Tests (Evidence of Paternity) Regulations
24 chap. 46:07 Status of Children
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Delete if
sampler is
also tester.
To be
completed
where all the
samples from
the parties
named in
Part I are
not to be
taken by
the same
sampler.
For use
where sampler
named above
nominates
another
sampler.
Name Address Age
............................... ............................................ .........................
............................... ............................................ .........................
............................... ............................................ .........................
............................... ............................................ .........................
............................... ............................................ .........................
pArt ii
reQuest to sAMpler to tAKe sAMple
To .................................................. (name and address of sampler).
You are hereby requested to take a blood sample from ...............................
............................................................. (name of person to whom form relates).
You are fur ther requested to send the sample taken to
........................................... (name and address of tester) (or the tester by
whom you have arranged for tests to be made).
Other samples will be taken as follows:
Name of person from whom Name, address and telephone
sample will be taken number of sampler
........................................ ........................................
........................................ ........................................
........................................ ........................................
........................................ ........................................
................................................ (Signed)
Being unable to comply with the request set out above, I have nominated
..................................................................... (name and address of nominee) to
take the sample.
................................................. (Signed)
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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Status of Children chap. 46:07 25
lAWs of trinidAd And toBAGo
Blood Tests (Evidence of Paternity) Regulations [subsidiary]
L.R.O.
pArt iii
photoGrAph
Below is a photograph of the person to whom this form relates, being a
person who has attained the age of twelve months.
37 mm x 37 mm
1 1/2 inches x 1 1/2 inches
pArt iV
(To be completed by sampler)
I have questioned*................................................... and it appears that
he/she/the party to whom this form relates—
has/has not† been transfused with blood in the last three months;
†has not been injected with a blood product or plasma substitute;
†has been injected with a blood product/blood plasma† on or
about ...............................................................................................
and that the value of any tests will thereby be/not be affected.†
................................................. (Signed)
(Sampler)
pArt V
declArAtion
(To be completed where the person to whom the form relates has attained the
age of sixteen years and is not suffering from a mental disability).
I .................................................. (insert full name and address of person
to whom the form relates) declare that the photograph affixed to Part III
of this form is a photograph of me and that I am a person in respect of whom
the above-named Court gave a direction that blood tests be made. I hereby
consent/do not consent* to the taking of a blood sample from me for the
purpose of such tests.
*Insert name
of person to
whom form
relates or, in the
case of person
under 16 or
suffering from
mental
disability,
person
accompanying
that person.
†Delete as
appropriate.
*Delete as
appropriate.
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[subsidiary] Blood Tests (Evidence of Paternity) Regulations
26 chap. 46:07 Status of Children
lAWs of trinidAd And toBAGo
†To be
deleted unless
the person
making the
declaration
withholds
consent and
wishes to
record the
reason for
so doing.
*Delete if not
applicable.
†Delete as
appropriate.
‡To be
completed if
the person
making the
declaration
withholds
consent and
wishes to
record the
reason for
so doing.
(I do not consent because ................................................................................)†
I understand that it is a serious offence punishable by imprisonment to
personate another person for the purpose of providing a blood sample.
Date ..................................... ............................................. (Signed)
The above was explained to the declarant who stated that he/she understood
it and signed it in my presence.
Date ..................................... ............................................. (Signed)
(Sampler)
pArt Vi
declArAtion
(To be completed where the person to whom the form relates has not attained
the age of sixteen years or is suffering from a mental disability).
I ............................................................... (full name and address of person
accompanying the subject) (*being the person having the care and control
of ........................................................................................) (name of person to
whom form relates) declare that the person whom I identify to
..................................................................................... (insert name of sampler)
(† and whose photograph is affixed to Part III of this form) is, to the best of
my knowledge and belief ...................................................................................
who is the son/daughter of ....................................... (insert the name of mother
of person identified).
I, being the person having the care and control of the person to whom this
form relates, consent/do not consent† to the taking of a sample.
(I do not consent because—‡ )
I understand that it is a serious offence punishable by imprisonment to
personate another person for the purpose of providing a blood sample or to
proffer the wrong child for that purpose.
Date ................................ ............................................... (Signed)
The above was explained to the declarant who stated that he/she understood it
and signed it in my presence.
Date ................................ ............................................... (Signed)
(Sampler)
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Status of Children chap. 46:07 27
lAWs of trinidAd And toBAGo
Blood Tests (Evidence of Paternity) Regulations [subsidiary]
L.R.O.
Delete as
appropriate.
Delete if
inappropriate.
Delete as
appropriate.
pArt Vii
(To be completed by sampler)
I have today taken a blood sample from ......................................................
to whom this form relates, whose (apparent) age is ................................. years.
(I identified him/her from the photograph affixed to this form). (he/She
was (also) identified to me by ...........................................................................)
Date .................................. ............................................. (Signed)
(Sampler)
Observations
(Any observations by the sampler which may assist the tester shall be
inserted here).
pArt Viii
(To be completed by sampler)
The person to whom this form relates did not attend on the date
originally arranged (or on a new date arranged by me).
his/her reasons given to me for failing to attend were as follows:
Date .................................. ............................................. (Signed)
(Sampler)
pArt iX
(To be completed by tester).
I have today received at .................................................................... (insert
place of receipt) the sample referred to in Part VII of this form.
(It was received by special delivery service).
(It was handed to me by ............................................................................ )
Date...................................... ................................................. (Signed)
(Tester)
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[subsidiary] Blood Tests (Evidence of Paternity) Regulations
28 chap. 46:07 Status of Children
lAWs of trinidAd And toBAGo
Regulation 10. forM 2
report BY tester
stAtus of children Act, ch. 46:07
Ref. No. of Proceedings.
To—
Registrar of the high Court
Clerk of the Peace Magistrate’s Court (a)
...................................................
v (b)
...................................................
pArt i
I, ............................................................, being a blood tester designated
by the Minister to carry out blood tests for the purpose of the Status of
Children Act, Ch. 46:07 certify that I have carried out a blood group
investigation (the details of which are given in Part II of this Report) of the
following persons:
From the results obtained Mr. .........................................................
is excluded/is not excluded from possible paternity of ...................
Reason for conclusion—
Comments on value, if any, of tests in determining whether any
person tested is the father of the person whose paternity is in dispute.
............................................... Signature
................................................ Status
................................................ Address
................................................
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Status of Children chap. 46:07 29
lAWs of trinidAd And toBAGo
Blood Tests (Evidence of Paternity) Regulations [subsidiary]
L.R.O.
Regulation 12.
$
120.00
40.00
80.00
40.00
20.00
20.00
20.00
10.00
20.00
30.00
50.00
pArt ii
Blood GroupinG report
(a) Complete as appropriate.
(b) Insert title of proceedings.
second schedule
fees
sAMplers
The fees which may be charged by a sampler in respect of one direction
requesting him to take samples shall be as follows:
$
For making all necessary arrangements (whether or not
samples are taken) … … … …
For making further arrangements (whether or not
samples are taken) to give effect to a variation by
the Court of a direction … … …
For taking sample—
from first subject … … … …
from each subject after the first … …
For taking second or subsequent samples from one or
more subjects—
if one such sample … … … …
if two such samples … … … …
if three or more such samples … …
testers
The fees which may be charged by a tester in respect of tests for the
purpose of giving effect to one direction shall be as follows:
For making a report in accordance with the direction
and testing four or less samples … … …
For testing each sample after the fourth covered by
a report … … … … …
For testing samples where no report is made—
in respect of the first sample ... ... ...
in respect of each subsequent sample ... ...
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91/1983.
[6 of 1993].
Citation and
commencement.
Prescribed fees.
Fee for insertion
of father’s name
on certificate.
[6 of 1993].
prescriBed fees reGulAtions
made under section 18
1. These Regulations may be cited as the Prescribed Fees
Regulations, and shall come into operation on Thursday the 9th
day of June 1983.
2. A fee of two dollars and fifty cents and a fee of twenty-
five cents are hereby prescribed for the purposes of subsections (1)
and (4) respectively of section 9 of the Act.
3. A fee of fifty dollars is hereby prescribed for the
purposes of section 16A of the Act.
[subsidiary]
30 chap. 46:07 Status of Children
lAWs of trinidAd And toBAGo
UNOFFICIAL VERSION
UPDATED TO DECEMBER 31ST 2014
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