New South Wales Consolidated Acts

STATUS OF CHILDREN ACT 1996 - SECT 6

6 Construction of dispositions of property made on or after 1 July 1977

(1) This section applies to the following dispositions only:

(a) dispositions made inter vivos on or after 1 July 1977 (being the date on which the Children (Equality of Status) Act 1976 commenced),

(b) dispositions made by will or codicil executed before, on or after 1 July 1977 by a person who dies after that date.

(2) Unless a contrary intention appears, in any disposition to which this section applies:

(a) a reference (however expressed) to the child or children of a person includes a reference to an exnuptial child of whom that person is a parent, and

(b) a reference (however expressed) to any person or persons related to another person (other than as a parent or child) includes a reference to anyone who is so related in fact regardless that the person related in fact, or some other person through whom the relationship is traced, is or was an exnuptial child.

(3) The use of any of the following words (or of any word or words having the same or a similar meaning) does not of itself indicate a contrary intention for the purposes of subsection (2):

(a) the words "legitimate" or "lawful" when used with reference to the child or children of a person or persons related to another person in some other way,

(b) the words "married", "husband" or "wife" when used with reference to the parent or parents of a person.

(4) Without limiting any other provision of this Act, any rule of law that a disposition in favour of an exnuptial child not conceived or born when the disposition takes effect is void as being contrary to public policy is abolished in respect of any disposition to which this section applies.