Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 212

212 Presumptions and evidence as to future parenthood

(1) Where in any proceedings there arises on the rule against perpetuities a question which turns on the capacity of a person to have a child at some future time, then—

(a) it shall be presumed, subject to paragraph (b) , that a male can have a child at the age of 12 years or over but not under that age and that a female can have a child at the age of 12 years or over but not under that age or over the age of 55 years; but

(b) in the case of a living person evidence may be given to show that he or she will or will not be capable of having a child at the time in question.

(2) Where any such question is decided by treating a person as incapable of having a child at a particular time and he or she does so, the court may make such order as it thinks fit for placing the persons interested in the property comprised in the disposition so far as may be just in the position they would have held if the question had not been so decided.

(3) Subject to subsection (2) , where any such question is decided in relation to a disposition by treating a person as capable or incapable of having a child at a particular time then he or she shall be so treated for the purpose of any question which may arise on the rule against perpetuities in relation to the same disposition in any subsequent proceedings.

(4) In this section, references to having a child are references to begetting or giving birth to a child, but this section (other than subsection (1) (b) ) shall apply in relation to the possibility that a person will at any time have a child by adoption, legitimation or other means as they apply to the person’s capacity at that time to beget or give birth to a child.