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STATUS OF CHILDREN ACT 1996 - SECT 12
Presumption of parentage arising from findings of courts
12 Presumption of parentage arising from findings of courts
(1) A person is presumed to be a child's parent if: (a) while the person is
alive, a prescribed court has: (i) found expressly that the person is the
child's parent, or
(ii) made a finding that it could not have made unless the
person was the child's parent, and
(b) the finding has not been altered, set
aside or reversed.
(2) A presumption arising under subsection (1) is
irrebuttable.
(3) A person is presumed to be a child's parent if: (a) after
the person dies, a prescribed court has: (i) found expressly that the person
was the child's parent, or
(ii) made a finding that it could not have made
unless the person was the child's parent, and
(b) the finding has not been
altered, set aside or reversed.
(4) In this section, a reference to a finding
of a prescribed court includes: (a) a reference to a declaration of parentage,
and
(b) a reference to a finding whether made before or after the
commencement of this section.
(5) Nothing in this section affects the
operation of Chapter 5 (Recognition of adoptions) of the Adoption Act 2000 .
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