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FAMILY LAW ACT 1975 - SECT 69P

Presumptions of parentage arising from marriage

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

  (2)   If:

  (a)   at a particular time:

  (i)   a marriage to which a woman is a party is ended by death; or

  (ii)   a purported marriage to which a woman is a party is annulled; and

  (b)   a child is born to the woman within 44 weeks after that time;

the child is presumed to be a child of the woman and the husband or purported husband.

  (3)   If:

  (a)   the parties to a marriage separated at any time; and

  (b)   after the separation, they resumed cohabitation on one occasion; and

  (c)   within 3 months after the resumption of cohabitation, they separated again and lived separately and apart; and

  (d)   a child is born to the woman within 44 weeks after the end of the cohabitation, but after the divorce of the parties;

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


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