Western Australian Current Acts

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FAMILY COURT ACT 1997 - SECT 188

188 .         Presumptions of parentage arising from marriage — FLA s. 69P

        (1)         If a child is born to a woman while she is married, the child is presumed to be a child of the woman and her husband.

        (2)         If —

            (a)         at a particular time —

                  (i)         a marriage to which a woman is a party is ended by death; or

                  (ii)         a purported marriage to which a woman is a party is annulled;

                and

            (b)         a child is born to the woman within 44 weeks after that time,

                the child is presumed to be a child of the woman and the husband or purported husband.

        (3)         If —

            (a)         the parties to a marriage separated at any time; and

            (b)         after the separation, they resumed cohabitation on one occasion; and

            (c)         within 3 months after the resumption of cohabitation, they separated again and lived separately and apart; and

            (d)         a child is born to the woman within 44 weeks after the end of the cohabitation, but after the dissolution of the marriage,

                the child is presumed to be a child of the woman and the husband.



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