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  • Title: The Children's Law Act (No. 61 of 1988), 8 July 1988.
    Author: Canada. Newfoundland.
    Journal: Annu Rev Popul Law; 1989; 16():46, 343-52. PubMed ID: 12344432.
    Abstract:
    The Children's Law Act, July 8, 1988, of Canada-Newfoundland, defined the status of children in part I as a person who is the child of his or her natural parent regardless of the parent's marital status, likewise for an adopted child. Part II defines the establishment of parentage: a person with an interest may apply to the court for an order that a woman (or man) is or is not in law the mother (or father) of a child, by a balance of probabilities. The court may give the party leave to obtain blood or other genetic tests of persons named by the court and to submit the results in evidence. Unless the contrary is proved on the balance of probabilities, a man shall be presumed to be the father of a child if 1 or more of the defined situations exist. In situations involving "artificial insemination," the man whose semen was used is in law the father of the resulting child, if he was married to or cohabiting with the woman at the time she was inseminated, even if his semen was mixed with semen of another man. In cohabiting situations, the man must have given consent in advance to the insemination and the assumption of the responsibilities of parenthood. The donating male, most cohabiting or married to the recipient, is not in law the father of the resulting child. Orders made outside of the province shall be recognized and have the same effect, if specified conditions are met. part III details custody and access. With respect to custody of, and access to, children, a determination will be made on the basis of the best interests of the children; concurrent exercise of jurisdiction should be avoided. Mothers and fathers, except as otherwise provided, are equally entitled to custody of children.
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