Australian Capital Territory Repealed Acts

This legislation has been repealed.

BIRTH (EQUALITY OF STATUS) ACT 1988 (REPEALED) - SECT 12

    (1)     If, on hearing an application under section 11 (1) or (2), the Supreme Court is satisfied that a particular person is the father or mother of a particular child, the court may make a declaration to that effect.

    (2)     A declaration of parentage may be made whether or not the parent or child is, or both of them are, alive, or notwithstanding that the child is not born.

    (3)     If a person whose interests would, in the opinion of the court, be affected by making a declaration of parentage is not present or represented at the hearing of the application, and has not been given an opportunity to be present or represented, the court may, if it thinks that the person ought to be present or represented, adjourn the hearing to enable the person to be given such an opportunity.

    (4)     When hearing an application made under section 11 (2)—

        (a)     the court shall receive the evidence given at the hearing of the original application as well as any evidence relating to facts or circumstances of a kind referred to in section 11 (2) (d); and

        (b)     if, at the conclusion of the evidence adduced by the applicant, the evidence relating to those facts and circumstances is not material to establishing the existence of the relationship that the applicant alleges to exist, or wishes to be determined, the application shall be dismissed.