Presumptions arising from marriage
4A Presumptions 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.
If:
at a particular time:
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
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 former husband or purported husband.
If:
the parties to a marriage separated at any time;
after the separation, they resumed cohabitation on one occasion;
(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 cohabitation but after the dissolution of the marriage,
the child is presumed to be a child of the woman and the former husband.
(4) For the purposes of subsection (3), a marriage dissolved by a decree of dissolution shall be deemed to have been dissolved on the making of the decree nisi under the Family Law Act 1975 of the Commonwealth in relation to the marriage.
This Act’s bill:Second reading speech
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