Section 44 of the Evidence Act 2011

Section 44 of the Evidence Act 2011 – What it Says and All You Need to Know.

Section 44 of the Evidence Act 2011 Provides as Follows:

(1) Subject to subsection (2) of this section, a statement is admissible when it relates to the existence of relationship by blood, marriage or adoption between persons as to whose relationship by blood, marriage or adoption the person making the statement had special means of knowledge.

(2) A statement referred to in subsection (1) of this section shall be admissible under the following conditions-

(a) that it is deemed to be relevant only in a case in which the pedigree to which it relates is in issue, and not to a case in which it is only relevant to the issue; and

(b) that it must be made by a declarant shown to be related by blood to the person to whom it relates, or by the husband or wife of such a person:
Provided that-

(i) a declaration by a deceased parent that he or she did not marry the other parent until after the birth of the child is relevant to the question of the paternity of such child upon any question arising as to the right of the child to inherit real or personal property under any legislation; and

(ii) in proceeding for the determination of the paternity of any person, a declaration made by a person who, if an order were granted, would stand towards the petitioner in any of the relationships mentioned in paragraph (b) of this subsection, is deemed relevant to the question of the identity or the parents of the petitioner; and

(c) that the statement must be made before the question in relation to which it is to be proved had arisen, but it does not cease to be admissible because it was made for the purpose of preventing the dispute from arising.

Other Relevant Sections:

• Section 45  of the Evidence Act 2011
• Section 46 of the Evidence Act 2011
• Section 47 of the Evidence Act 2011