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TUESDAY, DECEMBER 31, 1991
THE COMMISSION HAS ALSO PROPOSED THAT THE SAME RANGE OF COURT ORDERS RELATING TO MAINTENANCE PAYMENTS FOR THE CHILD BY THE PARENTS SHOULD BE AVAILABLE TO ALL CHILDREN, REGARDLESS OF WHETHER THEY ARE LEGITIMATE OR ILLEGITIMATE.
IT HAS PROPOSED THAT AN ILLEGITIMATE CHILD SHOULD ВЕ ABLE TO APPLY TO COURT FOR A DECLARATION OF HIS PATERNITY, A COURSE NOT OPEN TO HIM AS THE LAW STANDS NOW.
IN
TO
OTHER RECOMMENDATIONS IN THE REPORT ARGUE FOR THE ADOPTION HONG KONG OF LEGISLATIVE PROVISIONS CLARIFYING THE COURT'S POWERS ORDER THE TAKING OF BLOOD SAMPLES IN CASES WHERE PATERNITY IS IN DISPUTE.
THE COMMISSION ALSO DISCUSSES CHILDREN BORN BY ARTIFICIAL INSEMINATION.
UNDER THE PRESENT LAW, A CHILD BORN BY ARTIFICIAL BY A DONOR OTHER THAN THE HUSBAND IS ILLEGITIMATE.
INSEMINATION
THE COMMISSION HAS RECOMMENDED THAT SUCH A CHILD SHOULD BE TREATED AS THE CHILD OF THE WOMAN AND HER HUSBAND, UNLESS IT IS SHOWN THAT THE HUSBAND HAS NOT CONSENTED TO THE INSEMINATION.
WHILE THE COMMISSION PROPOSES IN GENERAL THAT THE LAW SHOULD TREAT CHILDREN ALIKE, IT HAS BEEN RECOMMENDED THAT IN THE INTERESTS OF THE CHILD THERE SHOULD CONTINUE TO BE SOME DIFFERENCES BETWEEN PARENTS IN RESPECT OF THE RIGHTS AND RESPONSIBILITIES THEY POSSESS.
THE
THE COMMISSION HAS RECOMMENDED THAT THE CHILD'S MOTHER SHOULD ENJOY PARENTAL RIGHTS AND RESPONSIBILITIES AUTOMATICALLY, BUT THAT THE FATHER SHOULD HAVE THOSE RIGHTS BY VIRTUE OF MARRIAGE TO THE CHILD'S MOTHER OR BY A COURT ORDER.
THE COMMISSION HAS
ENVISAGED THAT A COURT ORDER WOULD BE READILY GRANTED WHERE, FOR INSTANCE, THE UNMARRIED FATHER WAS COHABITING WITH THE MOTHER.
THE COMMISSION FELT THAT SUCH AN THE CHILD'S WELFARE WHILE KEEPING TO TREATMENT OF THE PARENTS.
A
APPROACH COULD BEST ENSURE MINIMUM THE DIFFERENCES IN
RECOMMENDATIONS WILL BE DURING THE CURRENT SESSION.
IT IS HOPED THAT A BILL INTRODUCED
EMBODYING
INTO THE
THE COMMISSION'S LEGISLATIVE COUNCIL
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