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FAMILY LAW ACT 1975 - SECT 69S

Presumptions of parentage arising from findings of courts

             (1)  If:

                     (a)  during the lifetime of a particular person, a prescribed court (other than a court of a prescribed overseas jurisdiction) has:

                              (i)  found expressly that the person is a parent of a particular child; or

                             (ii)  made a finding that it could not have made unless the person was a parent of a particular child; and

                     (b)  the finding has not been altered, set aside or reversed;

the person is conclusively presumed to be a parent of the child.

          (1A)  If:

                     (a)  during the lifetime of a particular person, a court of a reciprocating jurisdiction within the meaning of section 110 or a jurisdiction mentioned in Schedule 4 or 4A to the regulations has:

                              (i)  found expressly that the person is a parent of a particular child; or

                             (ii)  made a finding that it could not have made unless the person was a parent of a particular child; and

                     (b)  the finding has not been altered, set aside or reversed;

the person is presumed to be a parent of the child.

             (2)  If:

                     (a)  after the death of a particular person, a prescribed court has:

                              (i)  found expressly that the person was a parent of a particular child; or

                             (ii)  made a finding that it could not have made unless the person was a parent of a particular child; and

                     (b)  the finding has not been altered, set aside or reversed;

the person is presumed to have been a parent of the child.

             (3)  In this section:

"prescribed court " means a federal court, a court of a State or Territory or a court of a prescribed overseas jurisdiction.



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