New South Wales Consolidated Acts

STATUS OF CHILDREN ACT 1996 - SECT 21

21 Applications for declarations in the Supreme Court

(1) Any of the following persons may make an application to the Supreme Court for a declaration of parentage under this section:

(a) a person who alleges that the relationship of parent and child exists between the person's child and any named person, or

(b) a person who alleges that the relationship of parent and child exists between the person and another named or identified person, or

(c) the Registrar when seeking a determination that the relationship of parent and child exists between a named person and another named or identified person, or

(d) the Director-General when seeking a determination that the relationship of parent and child exists between a named person and another named or identified person, or

(e) a person prescribed by the regulations who seeks a determination that the relationship of parent and child exists between a named person and another named or identified person, or

(f) a person who may be affected by the result who seeks a determination that the relationship of parent and child exists between a named person and another named or identified person.

(2) On any such application, the Supreme Court may make a declaration that a named or identified person is a child's parent.

(3) A declaration of parentage may be made:

(a) whether or not the parent or the child (or both) are alive, or

(b) whether or not the child has been born.

(4) If a declaration of parentage is made, the Registrar of the Division of the Court in which the order was made must immediately cause a copy of the declaration to be transmitted to the Registrar of Births, Deaths and Marriages to be dealt with under the Births, Deaths and Marriages Registration Act 1995 .