AustLII Tasmanian Consolidated Acts

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STATUS OF CHILDREN ACT 1974 - SECT 5

PART II - Presumptions of parenthood and recognition of paternity Presumption of parentage arising from marriage

(1)  A child who is born to a woman while she is married is presumed to be the child of the woman and her spouse.
(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 the child of the woman and her deceased spouse or purported spouse.
(3)  If –
(a) the parties to a marriage separate at any time; and
(b) after the separation they resumed cohabitation on at least one occasion; and
(c) within 3 months after resuming cohabitation they separated again and lived separately and apart; and
(d) a child is born to the woman within 44 weeks after the cohabitation ends but after the dissolution of the marriage –
the child is presumed to be the child of the woman and the former spouse.



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