New South Wales Consolidated Acts

STATUS OF CHILDREN ACT 1996 - SECT 9

9 Presumptions of parentage arising from marriage

(1) A child born to a woman during a marriage to which she is a party is presumed to be a child of the woman and her spouse.

(2) If a child is born to a woman within 44 weeks after her spouse dies, the child is presumed to be the child of the woman and her deceased spouse.

(3) If a child is born to the woman within 44 weeks after a purported marriage to which the woman is a party is annulled, the child is presumed to be a child of the woman and her purported spouse.

(4) If:

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

(b) after the separation, 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 the child of the woman and her former spouse.

(5) For the purposes of this section, a marriage is dissolved by a decree of dissolution or annulled by a decree of nullity on the making of the decree nisi.