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Amendment of section 35 of Act of 1987
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80. Section 35 of the Act of 1987 is amended—
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(a) by the substitution of the following subsection for subsection (1):
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“(1) A person specified in subsection (1A) of this section may apply to the Court for a declaration under this section that—
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(a) a person named in the application is or is not the mother,
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(b) a person named in the application is or is not the father or second parent, or
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(c) 2 persons named in the application are or are not the parents,
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of a person (other than a person who is an adopted person) named in the application (in this section referred to as the ‘person concerned’).”,
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(b) by the insertion of the following subsections after subsection (1):
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“(1A) An application for a declaration under this section may be made, in relation to a person concerned, by—
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(a) the person concerned,
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(b) any person seeking a declaration that he or she is the mother, father or second parent of the person concerned, or
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(c) any person seeking a declaration that he or she is not the mother, father or second parent of the person concerned.
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(1B) Where an application for a declaration under this section is made by a person referred to in paragraph (b) or (c) of subsection (1A) of this section in relation to a person concerned, the person concerned shall be joined as a party to the proceedings.”,
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(c) in subsection (3), by the substitution of “Where an application for a declaration under this section is made in relation to a person concerned who was not born in the State, the person making the application shall specify” for “Where a person not born in the State makes an application for a declaration by virtue of subsection (1)(b) of this section, he shall specify”,
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(d) by the deletion of subsection (4), and
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(e) by the substitution of the following subsection for subsection (8):
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“(8) Where on an application under subsection (1) of this section it is proved on the balance of probabilities that—
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(a) a person named in the application is or is not the mother,
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(b) a person so named is or is not the father or second parent, or
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(c) persons so named are or are not the parents,
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of the person concerned, the Court shall make the declaration accordingly.”.
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