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s 24

Parentage presumptions arising from marriage

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Part 3Parentage of children
Division 3Other parentage presumptions

24 Parentage presumptions arising from marriage

(1)

A child born to a woman while she is married is presumed to be the child of the woman and her husband.

(2)

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

(3)

If a child is born to a woman within 44 weeks after her purported marriage is annulled, the child is presumed to be the child of the woman and her purported husband.

(4)

A child is presumed to be the child of a woman and her former husband if—

(a)

when they are married, they separate, resume cohabitation on a single occasion and, within 3 months after resuming cohabitation, separate again and live separately and apart; and

(b)

after the dissolution of the marriage, but within 44 weeks after the cohabitation ends, the child is born to the woman.

(5)

A presumption under this section is rebuttable.

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