Sri Lanka accepts the view that if the man and The Best Interest of the Child
woman had personal access to each other, the When the Court choosing what kind of services,
presumption of legitimacy cannot be negate.
unless one party proves that no sexual inter
actions, and orders should be served on a child, they
consider the best way for the child, for example, they
IT IS a RIGHT
course in fact took place. However, personal
consider who is most suited to care for the child. This
is called the best interest of the child. They decide TO
access is not dependent only on the
what is in a child's best interest based on a variety of
geographical nearness to the partner, or on the
factors such as the child's condition and the parents' or KNOW
rigid determination of sexual intercourse. guardians' intentions.
Now Sri Lanka deals with DNA evidence is
REFERENCES
YOUR
figuring out Section 123 of Criminal Procedure
Code amended by 14 of 2005. However, there
1.Children’s Charter 1992
2.Convention on the Rights of the Child 1989
PARENTS
is no clear provision which states that Court
3.Barbara Stark and Jacqueline Heaton, Routledge CHILD- PARENT ORG
can order a DNA test for a legitimacy of a
Handbook of International Family Law (2019) NO. 22 PARK STREET COLOMBO
child. However, in case of Baby 81 Court 4.Universal Declaration of Human Rights 1948 Tel 011 2704 349
ordered a DNA test. 5.International Convention of Civil and Political rights WWW.CPO.COM
Baby 81 1966
The infant was found in Kalmunai beach on 6.The Constitution of the Democratic Socialist
the day of the tsunami disaster, and a pare- Republic of Sri Lanka 1978
ntal identity was disputed. The court ordered 7.Evidence Ordinance No.14 of 1895
a DNA test for the couple who made a police 8.Ruwantissa Abeyratne and Anoma Abeyratne,The
complaint claiming the baby to be theirs. rights of the child in Sri Lanka (1984)17 (3)The
Finally, the results matched the baby’s DNA Comparative and International Law Journal of
perfectly concluding the case. Southern Africa
Adoptees’ Right to know parents https://www.jstor.org/stable/23246568 accessed 4
Section 6(3) of the Adoption Ordinance in Sri Lanka June 2021
states that the adopter becomes the ‘natural parent’ 9.DNA test for tsunami survivor ‘Baby 81’ (Chinda
of the adopted child. In the case, Milton vs Baby Daily, 3 February 2005) DNA test for tsunami
Nona, the Court held that the adoptee is the sole heir survivor 'Baby 81' (chinadaily.com.cn) accessed 4
of the deceased, even if the adopted order could be June 2021
attacked in a collateral proceeding. However, there 10.Adoption of Children Ordinance no 24 of 1941
is no clear provision which states the adopted child 11.Milton v. Baby Nona and Others (1985) 1 Sri L. R
has a right to know his/her parents. There is growing 212
controversy on this initiated by Korean adoptees to 12.Best interest of the child The Concept of 'Best
find birth parents and reclaim their culture. Interest of Child' in Sri Lanka - Free Essay Example |
woman had personal access to each other, the When the Court choosing what kind of services,
presumption of legitimacy cannot be negate.
unless one party proves that no sexual inter
actions, and orders should be served on a child, they
consider the best way for the child, for example, they
IT IS a RIGHT
course in fact took place. However, personal
consider who is most suited to care for the child. This
is called the best interest of the child. They decide TO
access is not dependent only on the
what is in a child's best interest based on a variety of
geographical nearness to the partner, or on the
factors such as the child's condition and the parents' or KNOW
rigid determination of sexual intercourse. guardians' intentions.
Now Sri Lanka deals with DNA evidence is
REFERENCES
YOUR
figuring out Section 123 of Criminal Procedure
Code amended by 14 of 2005. However, there
1.Children’s Charter 1992
2.Convention on the Rights of the Child 1989
PARENTS
is no clear provision which states that Court
3.Barbara Stark and Jacqueline Heaton, Routledge CHILD- PARENT ORG
can order a DNA test for a legitimacy of a
Handbook of International Family Law (2019) NO. 22 PARK STREET COLOMBO
child. However, in case of Baby 81 Court 4.Universal Declaration of Human Rights 1948 Tel 011 2704 349
ordered a DNA test. 5.International Convention of Civil and Political rights WWW.CPO.COM
Baby 81 1966
The infant was found in Kalmunai beach on 6.The Constitution of the Democratic Socialist
the day of the tsunami disaster, and a pare- Republic of Sri Lanka 1978
ntal identity was disputed. The court ordered 7.Evidence Ordinance No.14 of 1895
a DNA test for the couple who made a police 8.Ruwantissa Abeyratne and Anoma Abeyratne,The
complaint claiming the baby to be theirs. rights of the child in Sri Lanka (1984)17 (3)The
Finally, the results matched the baby’s DNA Comparative and International Law Journal of
perfectly concluding the case. Southern Africa
Adoptees’ Right to know parents https://www.jstor.org/stable/23246568 accessed 4
Section 6(3) of the Adoption Ordinance in Sri Lanka June 2021
states that the adopter becomes the ‘natural parent’ 9.DNA test for tsunami survivor ‘Baby 81’ (Chinda
of the adopted child. In the case, Milton vs Baby Daily, 3 February 2005) DNA test for tsunami
Nona, the Court held that the adoptee is the sole heir survivor 'Baby 81' (chinadaily.com.cn) accessed 4
of the deceased, even if the adopted order could be June 2021
attacked in a collateral proceeding. However, there 10.Adoption of Children Ordinance no 24 of 1941
is no clear provision which states the adopted child 11.Milton v. Baby Nona and Others (1985) 1 Sri L. R
has a right to know his/her parents. There is growing 212
controversy on this initiated by Korean adoptees to 12.Best interest of the child The Concept of 'Best
find birth parents and reclaim their culture. Interest of Child' in Sri Lanka - Free Essay Example |
