Australian Capital Territory Repealed Acts

This legislation has been repealed.

BIRTH (EQUALITY OF STATUS) ACT 1988 (REPEALED) - SECT 7

    (1)     Where a child is born to a woman while she is married, the child shall be presumed to be a child of the woman and her husband.

    (2)     Where a child is born to a woman within 44 weeks after—

        (a)     the termination by death of a marriage to which the woman was a party; or

        (b)     the annulment of a purported marriage to which the woman was a party;

the child shall be presumed to be the child of the woman and the husband or purported husband, as the case requires.

    (3)     Where—

        (a)     the parties to a marriage have separated and then resume cohabitation; and

        (b)     within 3 months after the resumption of cohabitation they separate again; and

        (c)     after the separation referred to in paragraph (b) the marriage is dissolved; and

        (d)     a child is born to the woman—

              (i)     within 44 weeks after the separation referred to in paragraph (b); and

              (ii)     after the dissolution of the marriage;

the child shall be presumed to be a child of the woman and the husband.

7A     Presumption of paternity arising from cohabitation

Where—

        (a)     a child is born to a woman; and

        (b)     at any time during the period beginning not earlier than 44 weeks and ending not less than 20 weeks before the birth, the woman cohabited with a man to whom she was not married;

the child shall be presumed to be a child of the man.