10.—(1) This section shall apply 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 he be treated as the parent of a child pursuant to section 8 or 9(3);
(d)
any other person, with the leave of the court.
(3) The court shall not grant leave to any person for the purpose of subsection (2)(d) unless it is satisfied that the person seeking leave has a sufficient interest in the parenthood of the child notwithstanding that he is not claiming to be treated as the parent of a child or seeking a court order declaring that he be treated as the parent of a child.
(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 shall 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.