Family Law Titles
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(Court of Protection, Sir Nicholas Wall P, 5 October 2011)
The 84-year-old man suffered from dementia and had a professional deputy to manage his property and affairs. The deputy made an application for the court to determine whether it was in the man's best interests to provide a DNA sample to establish the paternity of his putative daughter.
It was held that s 21(4) of the Family Law Reform Act 1969 provided the court with the power to grant consent to taking a DNA sample for these purposes.
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