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ILLEGITIMATE CHILDREN (AFFILIATION ORDERS) ACT (NORTHERN IRELAND) 1924 - SECT 2

Provisions as to summons.

2.(1) A summons may be issued for the appearance before a court of summary
jurisdiction of the man who is alleged by the mother to be the father of her
illegitimate child, to show cause why an Affiliation Order should not be made
upon him in respect of the child.

(2) An application for a summons under this section may be made ... by the
mother ... [or may be made pursuant to section twelve of the Welfare Services
Act (Northern Ireland), 1949, or pursuant to [section 159] of the Children and
Young Persons Act (Northern Ireland), [1968], by a welfare authority or
council authorised in that behalf] [or pursuant to Article 24 of the
Supplementary Benefits (Northern Ireland) Order 1977 by the [Department of
Health and Social Services.]]

(3) [Without prejudice to section 12(2) of the Welfare Services Act (Northern
Ireland) 1949,... [Article 24(2) of the Supplementary Benefits (Northern
Ireland) Order 1977] [or section 159(2) of the Children and Young Persons Act
(Northern Ireland) 1968,] an application] for such summons may be made

(a)at any time before the birth of such child; or

(b)within twelve months from the birth of such child; or

(c)after the expiration of the said twelve months, upon proof that the man
alleged to be the father of such child has within the said twelve months paid
money for the maintenance of such child; or

(d)within the twelve months next after the return to Northern Ireland of the
man alleged to be the father of such child, upon proof that he was absent from
Northern Ireland at the time of the birth of such child or that he ceased to
reside in Northern Ireland within the twelve months next after the birth of
such child.

(4) No summons shall be issued under this section, unless the mother has made
an information in writing upon oath stating who is the father of the child.

(5) Where the application for a summons under this section is made before the
birth of the child, the justice of the peace issuing the summons shall make it
returnable at some petty sessions to be held upon a day after the time when
the child is expected to be born, but the court of summary jurisdiction shall
have power to adjourn the hearing of the case from time to time to such later
day as may be required in order to secure the attendance before the court of
the mother or any other necessary witness.

© 1924 Crown Copyright

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