Section 5Part 0 —
Court to decide issue and make order
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After the birth of such child, on the appearance of the person so summoned or on proof that the summons was duly served on such person or left at his last place of abode six days at least before the day specified in such summons, the court shall hear the evidence of the complainant and such other evidence as may be produced, including any evidence tendered by or on behalf of the person alleged to be the father; and if the evidence of the complainant is corroborated by other evidence to the satisfaction of the court, the court may adjudge the man to be the putative father of the child:
if the complainant fails to give evidence and the court is satisfied that such failure is due to the inability or unavailability of the complainant by reason of death, illness or other sufficient cause, the court may accept in lieu of such evidence, the evidence of some other person who appears to the court to be worthy of belief and to have sufficient knowledge of the case, and the provisions of this subsection relating to corroboration of the evidence of the complainant shall apply to any evidence accepted in lieu thereof; and
if the person alleged to be the father of such child attends the hearing and, in open court, admits the truth of the allegation, the court may thereupon adjudge that person to be the putative father of such child, whether or not the court has heard the evidence of the complainant or of any other person.
If the court adjudges the man to be the putative father, it may also, if it sees fit having regard to all the circumstances of the case, proceed to make an order (hereinafter called an affiliation order) on the putative father for the payment to the mother or guardian of the child of a sum of money weekly for the maintenance and education of the child.
If the child has died before the making of an order under subsection (2), the court may make an order on the said putative father for the payment of a sum of money for the expense incurred in the burial of the said child.
If the application is made before the birth of the child, or within two calendar months after the birth of the child, the weekly sum may, if the court thinks fit, be calculated from the birth of the child, and if the child is dead may be calculated at a rate not exceeding the rate aforesaid from the birth of the child up to the date of its death.
In addition to the said weekly sum, the court may, by the order, order payment of a sum for the expenses of the confinement.
In any case the court may also by the said order direct the putative father to pay such sum as it may see fit and provide in the order for the costs incurred in obtaining the same.
At any time after an affiliation order has been made the court may, upon the application of the putative father or of the mother or guardian of the child, vary such order in such manner and to such extent as it may think fit, or suspend such order, or, such order having been suspended, may revive the same.
Any affiliation order may, after the expiration of one week from the making thereof, be from time to time enforced in the court, if the payments required by it to be made or any of them are in arrear, in the manner prescribed by law for the enforcing of orders of justices requiring the payment of a sum of money: Provided that where, by an affiliation order, it is provided that payment be made to a collecting officer under this Law, nothing in this section shall preclude the collecting officer from enforcing such order in the manner hereinafter prescribed.
For the purpose of calculating any sum of money to be paid under subsection (2), (3) or (5) the court shall have regard to the means of the parties and all the circumstances of the case.