Presumptions of parentage arising from marriage
69P Presumptions of parentage arising from marriage
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.
If:
at a particular time:
a marriage to which a woman is a party is ended by death; or
a purported marriage to which a woman is a party is annulled; and
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.
If:
the parties to a marriage separated at any time; and
after the separation, they resumed cohabitation on one occasion; and
within 3 months after the resumption of cohabitation, they separated again and lived separately and apart; and
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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