Commonwealth Consolidated Acts

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FAMILY LAW ACT 1975 - SECT 69P

Presumptions of parentage arising from marriage

             (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 divorce of the parties;

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



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