Status of Children Act 1978

A person is presumed to be a child’s parent if, while the person is alive—

a court of the Commonwealth, a State or a prescribed overseas jurisdiction (a prescribed court) expressly finds that the person is the child’s parent; and

the finding is not altered, set aside or reversed.

The presumption in subsection (1) is irrebuttable.

A person is presumed to have been a child’s parent if, after the person dies—

a prescribed court expressly finds that the person was the child’s parent; and

the finding is not altered, set aside or reversed.

The presumption in subsection (3) is rebuttable.

In this section, a reference to a court finding includes the following—

a declaration under section 10 of this Act;

an order under the Maintenance Act 1965, section 14 or 16;

another court declaration or order that a stated person is a stated child’s parent.