Australian Capital Territory Current Acts

PARENTAGE ACT 2004 - SECT 28J

    (1)     If the Supreme Court makes a parentage order, the order must state—

        (a)     for an application made jointly by 2 intended parents to an arrangement mentioned in section 28F—that the order is in favour of both intended parents; or

        (b)     for an application made by only 1 of 2 intended parents to an arrangement mentioned in section 28F—

              (i)     if the application was made by the applicant intended parent because the other intended parent is dead or incapacitated—

    (A)     that the order is in favour of both intended parents; or

    (B)     if the court is satisfied that, at the time of the other intended parent's death or incapacitation, the deceased or incapacitated intended parent no longer intended or intends to apply for a parentage order about the child—that the order is in favour of the applicant intended parent; or

              (ii)     in any other case—that the order is in favour of the applicant intended parent; or

        (c)     for an application made by 1 intended parent who is the only intended parent to an arrangement—that the order is in favour of the intended parent.

    (2)     In this section:

"applicant intended parent"—see section 28I (1) (b).