New South Wales Consolidated Acts

STATUS OF CHILDREN ACT 1996 - SECT 12

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 .