Judge: Hayden J
Citation:  EWCOP 49
that the Court of Protection can authorise (by the making of a decision under s.16 MCA 2005) the taking of a DNA sample to establish paternity. In this, he departed from the previously understood position (from LG v DK  EWHC 2453 (COP)) that such testing was governed by the terms of Family Law Act 1969. Hayden J also confirmed that such an order would constitute appropriate consent for purposes of s.3(6) Human Tissue Act 2004 in the event that the person has died prior to the point of the sample being taken, or after the sample has been taken but before testing has take place.
Hayden J also took the opportunity to make observations as to the obligations upon parties in the case of urgent applications, which merit reproduction in full. Although, in fact, the case did not require the urgent decision that it appeared it did at first sight: