(1) Where the court, upon complaint made by or on behalf of a woman, is
satisfied—
(a) that she is pregnant by the defendant (not being her husband)
or has been delivered of a child or a stillborn child of whom the defendant
(not being her husband) is the father; and
(1A) Where a woman might, but for her death, have made a
complaint under subsection (1) , the complaint may be made by any person who
has paid or is liable to pay the preliminary expenses.
(2) A complaint
referred to in subsection (1) or (1A) or a claim referred to in subsection (8)
shall not be made after the expiration of 12 months after the birth or
stillbirth of the child.
(3) An order shall not be made under subsection (1)
where the woman for whose benefit the order is sought is pregnant unless the
court is satisfied by the evidence or a certificate of a medical practitioner
that the woman is quick with child.
(4) Where an order under subsection (1)
was made in the case of a woman who was pregnant by the defendant and—
(a)
the woman is not delivered of a child or a stillborn child before a date
specified in the order for the purposes of this subsection, being a date not
later than 6 months after the order was made; or
(b) the woman is delivered
of a stillborn child before the date so specified;
the order ceases to have
effect on the date so specified or on the delivery of the stillborn child, as
the case may be.
(5) Where an order ceases to have effect on the date
specified in the order for the purposes of subsection (4) any moneys paid
under the order and not disbursed shall be repaid to the defendant.
(6) Where
an order ceases to have effect on the delivery of a stillborn child, any
moneys paid under the order and not disbursed shall, as directed by the
court—
(c)
be divided between the woman and the defendant in such proportions as the
court thinks fit.
(7) Where an order is made under subsection (1) in the case
of a woman who is pregnant by the defendant—
(a) the court may, at any time
while the order is in force, with or without any application for that purpose,
and, if upon application, after notice of such application given in such
manner and to such persons as the court may direct, give such directions as
the court thinks proper with respect to the disbursement of any amounts paid
under the order, but not so as to direct the disbursement, before the woman is
delivered of a child or stillborn child, of amounts aggregating more than
one-half of the amount to be paid under the order; and
(b) amounts paid under
the order shall not be disbursed otherwise than in accordance with directions
so given.
(8) Where a complaint has been made under section 14 , the court
may, if a claim for preliminary expenses is made at the hearing of the
complaint, and subject to subsection (2) , make an order under subsection (1)
for the payment of those expenses, notwithstanding that a complaint has not
been made under this section.
(9) Where a claim referred to in subsection (8)
is made, the court shall, on the application of the defendant, if it is of
opinion that the defendant would be prejudiced unless the hearing were
adjourned, adjourn the hearing for such period as it thinks fit.
