s 10 Application to determine parenthood
10.—(1) This section applies to all applications to determine the parenthood of a child under this Act. (2) The following persons may apply to the court for an order to determine the parenthood of a child under this Act:(a) the child; (b) a person claiming to be treated as the parent of a child pursuant to section 6, 7 or 9(2); (c) a person seeking a declaration by the court that the person be treated as the parent of a child pursuant to section 8 or 9(3); (d) any other person, with the permission of the court. [Act 25 of 2021 wef 15/10/2024] (3) The court is not to grant permission to any person for the purpose of subsection (2)(d) unless it is satisfied that the person seeking permission has a sufficient interest in the parenthood of the child even though the person is not claiming to be treated as the parent of a child or seeking a court order declaring that the person be treated as the parent of a child.[Act 25 of 2021 wef 15/10/2024] (4) An application to determine the parenthood of a child may only be made after the birth of the child. (5) An application to determine the parenthood of a child may be made whether or not there is a dispute as to the parenthood of the child. (6) An application to determine the parenthood of a child may be contested by the child or any person who is treated or seeking to be treated as the parent of the child. (7) Where the parenthood of a child is to be determined in the discretion of the court pursuant to section 8 or 9(3) —(a) the welfare and best interests of the child is to be the first and paramount consideration of the court; and (b) the court may have regard to all or any of the following matters, where applicable, in considering the welfare and best interests of the child:(i) the wishes of the child, where the child is of an age to express an independent opinion; (ii) the child’s biological relationship with any party to the proceedings; (iii) the age of the child; (iv) any bond that has developed between the child and any party to the proceedings; (v) the intention of the parties to the proceedings with regard to the parenthood of the child; (vi) the conduct and behaviour of the parties to the proceedings; (vii) the relationship between the child and any child of a party to the proceedings; (viii) the respective abilities of the parties to the proceedings to provide for the child’s physical, emotional, developmental and other needs; (ix) the extent to which any party to the proceedings can facilitate the child’s relationship with any other party to the proceedings; (x) any other relevant matter. (8) An application to determine the parenthood of a child may include an application for ancillary orders relating to the welfare of the child, including a declaration of the legitimacy of the child and an order for a person treated as a parent to maintain the child, and the court may make such ancillary orders as it deems necessary. (9) Subject to sections 6, 7 and 9(2), an order by the court in an application to determine the parenthood of a child shall take effect from the date of the order or from such other date as may be specified in the order.