Australian Capital Territory Current Acts

PARENTAGE ACT 2004 - SECT 39

    (1)     Subsections (2) and (3) apply to—

        (a)     an instrument other than a will or codicil that was signed after 24 March 1989; or

        (b)     an instrument other than a will or codicil that—

              (i)     was signed before that date; and

              (ii)     under the law of the place where the instrument was signed, would be interpreted without regard to the illegitimacy of people mentioned in, or taking under, the instrument.

    (2)     Any rule of law that a disposition in favour of an exnuptial child not conceived or born when an instrument takes effect is void for being contrary to public policy is abolished.

    (3)     In an instrument other than a will or codicil—

        (a)     a reference (however expressed) to a child of a person includes a reference to an exnuptial child of the person; and

        (b)     a reference (however expressed) to a person related to someone else in another way includes a reference to anyone who is related in that way regardless of whether the person or another person through whom the relationship is traced is or was an exnuptial child.

    (4)     An instrument (other than an instrument mentioned in subsection (1) or a will or codicil) that was executed before 24 March 1989 must be interpreted as if the Birth (Equality of Status) Act 1988

or this Act had not been made.

    (5)     The Birth (Equality of Status) Act 1988

, part 3 and part 4 apply in relation to the interpretation of a will or codicil if the testator died on or after 24 March 1989 and before the commencement of this Act, but a will or codicil must otherwise be interpreted as if that Act had not been made.

    (6)     This Act applies to the interpretation of a will or codicil if the testator died on or after the commencement of this Act, but a will or codicil must otherwise be interpreted as if this Act had not been made.

    (7)     If an instrument contains a special power of appointment in favour of a class of people, nothing in the Birth (Equality of Status) Act 1988

or this Act extends the class of people in whose favour the appointment may be made or causes the exercise of the power to be interpreted to include anyone who is not a member of that class.

    (8)     In this section:

"exnuptial child" means a child whose parents were not married to each other when the child was conceived and have not later married each other (other than a child who is a legitimate child, or is taken to be a legitimate child, under the Marriage Act 1961

(Cwlth), part 6).