{"id":"tas:act-1974-036","name":"Status of Children Act 1974","slug":"status-of-children-act-1974","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"36 of 1974","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110193,"registerId":"tas-act-1974-036-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"[Part I Heading inserted by No. 122 of 1985, s. 5 ]Preliminary","content":"# Part I [Part I Heading inserted by No. 122 of 1985, s. 5 ]Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title and commencement","content":"### 1 Short title and commencement\n\n> > (1)  This Act may be cited as the [Status of Children Act 1974](/view/html/inforce/2026-04-12/act-1974-036) .\n> \n> > (2)  This Act shall commence on a date to be fixed by proclamation.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Interpretation","content":"### 2 Interpretation\n\n> [*\\[Section 2 Substituted by No. 42 of 1994, s. 4, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS4@EN) In this Act, unless the context otherwise requires –\n> \n> > ***child*** means a son or daughter of any age;\n> \n> > ***marriage*** includes a void marriage and a voidable marriage which has been annulled;\n> \n> > ***prescribed court*** means a state court, a federal court, a court of a Territory, a court of another State or a court of a prescribed overseas jurisdiction.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"All children to be of equal status","content":"### 3 All children to be of equal status\n\n> > (1)  [*\\[Section 3 Subsection (1) amended by No. 7 of 2019, s. 33, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS33@Hpb@EN) [*\\[Section 3 Subsection (1) amended by No. 7 of 2019, s. 33, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS33@Hpa@EN) For all purposes of the law of the State the relationship between every person and the person's father, mother or parents (or any one of the person's father, mother or parents) shall be determined irrespective of whether the person's father, mother or parent are or have been married to each other and all other relationships shall be determined accordingly.\n> \n> > (2)  The rule of construction whereby in any instrument words of relationship signify only legitimate relationship in the absence of a contrary expression of intention is abolished.\n> \n> > (3)  For the purpose of construing any instrument the use, with reference to relationship of a person, of the words \"legitimate\" or \"lawful\" shall not, in the absence of intention to the contrary in such instrument, prevent the relationship from being determined in accordance with the provisions of [subsection (1)](#GS3@Gs1@EN) .\n> \n> > (4)  [*\\[Section 3 Subsection (4) amended by No. 7 of 2019, s. 33, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS33@Hpc@EN) This section shall apply in respect of every person, whether born before or after the commencement of this Act, whether born in the State or not, and whether or not the person's father, mother or either of the person's parents has ever been domiciled in the State.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Instruments executed and intestacies which take place before the commencement of this Act","content":"### 4 Instruments executed and intestacies which take place before the commencement of this Act\n\n> > (1)  All instruments executed before the commencement of this Act shall be governed by the enactments, rules of construction, and law which would have applied to them if this Act had not been passed.\n> \n> > (2)  Where an instrument to which [subsection (1)](#GS4@Gs1@EN) applies creates a special power of appointment nothing in this Act shall extend the class of persons in whose favour the appointment may be made or cause the exercise of the power to be construed so as to include any person who was not at the time of the creation of the instrument a member of that class.\n> \n> > (3)  The estate of a person who dies intestate as to the whole or any part of his estate before the commencement of this Act shall be distributed in accordance with the enactments and rules of law which would have applied to the estate if this Act had not been passed.","sortOrder":4},{"sectionNumber":"Part II","sectionType":"part","heading":"[Part II Heading inserted by No. 122 of 1985, s. 6 ]Presumptions of parenthood and recognition of paternity","content":"# Part II [Part II Heading inserted by No. 122 of 1985, s. 6 ]Presumptions of parenthood and recognition of paternity","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Presumption of parentage arising from marriage","content":"### 5 Presumption of parentage arising from marriage\n\n> [*\\[Section 5 Substituted by No. 42 of 1994, s. 5, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS5@EN)\n> \n> > (1)  [*\\[Section 5 Subsection (1) amended by No. 7 of 2019, s. 34, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS34@Hpa@EN) A child who is born to a woman while she is married is presumed to be the child of the woman and her spouse.\n> \n> > (2)  [*\\[Section 5 Subsection (2) amended by No. 7 of 2019, s. 34, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS34@Hpb@EN) If –\n> > \n> > > > (a) at a particular time –\n> > > > \n> > > > > > (i) a marriage to which a woman is a party is ended by death; or\n> > > > > \n> > > > > > (ii) a purported marriage to which a woman is a party is annulled; and\n> > > \n> > > > (b) a child is born to the woman within 44 weeks after that time –\n> > \n> > the child is presumed to be the child of the woman and her deceased spouse or purported spouse.\n> \n> > (3)  [*\\[Section 5 Subsection (3) amended by No. 7 of 2019, s. 34, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS34@Hpc@EN) If –\n> > \n> > > > (a) the parties to a marriage separate at any time; and\n> > > \n> > > > (b) after the separation they resumed cohabitation on at least one occasion; and\n> > > \n> > > > (c) within 3 months after resuming cohabitation they separated again and lived separately and apart; and\n> > > \n> > > > (d) a child is born to the woman within 44 weeks after the cohabitation ends but after the dissolution of the marriage –\n> > \n> > the child is presumed to be the child of the woman and the former spouse.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Protection of executors, administrators, and trustees","content":"### 6 Protection of executors, administrators, and trustees\n\n> > (1)  For the purposes of the administration or distribution of any estate or of any property held in trust, or of any application under the [Testator's Family Maintenance Act 1912](/view/html/inforce/2026-04-12/act-1912-007) , an executor, administrator, or trustee is not under any obligation to inquire as to the existence of any person who could claim an interest in the estate or the property by reason only of any of the provisions of this Act.\n> \n> > (2)  No action shall lie against an executor of the will or administrator or trustee of the estate of any person or the trustee under any instrument by any person who could claim an interest in the estate or property by reason only of any of the provisions of this Act to enforce any claim arising by reason of the executor or administrator or trustee having made any distribution of the estate or of property held upon trust or otherwise acted in the administration of the estate or property held on trust disregarding the claims of that person where at the time of making the distribution or otherwise so acting the executor, administrator, or trustee had no notice of the relationship on which the claim is based.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Recognition of paternity","content":"### 7 Recognition of paternity\n\n> > (1)  The relationship of father and child and any other relationship traced in any degree through that relationship shall, for any purpose related to succession to property or to the construction of any will or other testamentary disposition or of any instrument creating a trust or for the purpose of any claim under the [Testator's Family Maintenance Act 1912](/view/html/inforce/2026-04-12/act-1912-007) , be recognized only if –\n> > \n> > > > (a) the father and the mother of the child were married to each other at the time of its conception or at some subsequent time; or\n> > > \n> > > > (b) [*\\[Section 7 Subsection (1) amended by No. 42 of 1994, s. 6, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS6@EN) paternity has been admitted (expressly or by implication) by or established against the father in his lifetime (whether by one or more of the types of evidence specified by this Act or otherwise) and, if that purpose is for the benefit of the father, paternity has been so admitted or established while the child was living.\n> \n> > (2)  In any case where by reason of [subsection (1)](#GS7@Gs1@EN) the relationship of father and child is not recognized at the time the child is born, the occurrence of any act, event, or conduct which enables that relationship and any other relationship traced in any degree through it to be recognized shall not affect any estate, right, or interest in any real or personal property to which any person has become absolutely entitled, whether beneficially or otherwise, before the act, event, or conduct occurred.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Presumption of paternity arising from cohabitation","content":"### 8 Presumption of paternity arising from cohabitation\n\n> *\\[Section 8 Subsection (4A) inserted by No. 107 of 1987, s. 4 \\]**\\[Section 8 Subsection (4B) inserted by No. 107 of 1987, s. 4 \\]**\\[Section 8 Subsection (4C) inserted by No. 107 of 1987, s. 4 \\]*[*\\[Section 8 Substituted by No. 42 of 1994, s. 7, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS7@EN) If –\n> \n> > > (a) a child was born to a woman; and\n> > \n> > > (b) at any time during the period beginning not earlier than 44 weeks and ending not less than 20 weeks before the birth, the woman cohabited with a man to whom she was not married –\n> \n> the child is presumed to be the child of that man.","sortOrder":9},{"sectionNumber":"8A","sectionType":"section","heading":"Presumption of parentage arising from registration of birth","content":"### 8A Presumption of parentage arising from registration of birth\n\n> [*\\[Section 8A Inserted by No. 42 of 1994, s. 7, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS7@EN) A person whose name is entered as the parent of a child in a register of births or parentage information kept under a law of this State, the Commonwealth, another State, a Territory or a prescribed overseas jurisdiction is presumed to be the parent of the child.","sortOrder":10},{"sectionNumber":"8B","sectionType":"section","heading":"Presumption of parentage arising from court findings","content":"### 8B Presumption of parentage arising from court findings\n\n> [*\\[Section 8B Inserted by No. 42 of 1994, s. 7, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS7@EN)\n> \n> > (1)  A person is conclusively presumed to be a parent of a particular child if –\n> > \n> > > > (a) during the lifetime of that person, a prescribed court has –\n> > > > \n> > > > > > (i) found expressly that the person is a parent of that child; or\n> > > > > \n> > > > > > (ii) made a finding that it could not have made unless the person was a parent of that child; and\n> > > \n> > > > (b) the finding has not been altered, set aside or reversed.\n> \n> > (2)  A person is presumed to have been a parent of a particular child if –\n> > \n> > > > (a) after the death of that person, a prescribed court has –\n> > > > \n> > > > > > (i) found expressly that the person was a parent of that child; or\n> > > > > \n> > > > > > (ii) made a finding that it could not have made unless the person was a parent of that child; and\n> > > \n> > > > (b) the finding has not been altered, set aside or reversed.","sortOrder":11},{"sectionNumber":"8C","sectionType":"section","heading":"Presumption of paternity arising from acknowledgements","content":"### 8C Presumption of paternity arising from acknowledgements\n\n> [*\\[Section 8C Inserted by No. 42 of 1994, s. 7, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS7@EN)\n> \n> > (1)  A man is presumed to be the father of a particular child if –\n> > \n> > > > (a) under a law of this State, the Commonwealth, another State, a Territory or a prescribed overseas jurisdiction the man has executed an instrument acknowledging that he is the father of a specified child; and\n> > > \n> > > > (b) the instrument has not been annulled or otherwise set aside.\n> \n> > (2)  A man is presumed to be the father of a particular child if the man and the mother of the child –\n> > \n> > > > (a) execute an instrument as a deed; or\n> > > \n> > > > (b) [*\\[Section 8C Subsection (2) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008\\]*](/view/html/inforce/2008-12-31/act-2007-066#JS1@Ja98@GC1@EN) jointly or severally sign an instrument in the presence of an Australian legal practitioner –\n> > \n> > which acknowledges that the man is the father of the child.","sortOrder":12},{"sectionNumber":"9","sectionType":"section","heading":"Instruments of acknowledgement filed with Registrar of Births, Deaths and Marriages","content":"### 9 Instruments of acknowledgement filed with Registrar of Births, Deaths and Marriages\n\n> > (1)  [*\\[Section 9 Subsection (1) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja9@GC1@Hpa@EN) [*\\[Section 9 Subsection (1) amended by No. 42 of 1994, s. 8, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS8@Hpa@EN) Any instrument of the kind described in [section 8C(2)](#GS8C@Gs2@EN) or a copy thereof may in the prescribed manner and on payment of the prescribed fee (if any) be filed in the office of the Registrar of Births, Deaths and Marriages.\n> \n> > (2)  [*\\[Section 9 Subsection (2) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja9@GC1@Hpb@EN) The Registrar of Births, Deaths and Marriages shall cause indexes of all instruments and copies filed with him under [subsection (1)](#GS9@Gs1@EN) to be made and kept in his office and shall, upon request made by or on behalf of a party to an instrument so filed or a child referred to in any such instrument or a guardian or relative of that child, cause a search of any index to be made and shall permit that person to inspect any such instrument or copy if he is satisfied that the person has a direct and proper interest in the matter.\n> \n> > (3)  [*\\[Section 9 Subsection (3) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003\\]*](/view/html/inforce/2003-04-16/act-2003-009#JS1@Ja49@GC1@EN) [*\\[Section 9 Subsection (3) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja9@GC1@Hpd@EN) [*\\[Section 9 Subsection (3) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja9@GC1@Hpc@EN) [*\\[Section 9 Subsection (3) amended by No. 42 of 1994, s. 8, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS8@Hpb@EN) Where the Supreme Court makes a declaration of parentage under [section 10](#GS10@EN) the Registrar of the Supreme Court is to forward a copy of the declaration to the Registrar of Births, Deaths and Marriages for filing in his office under this section and on receipt of any such copy the Registrar of Births, Deaths and Marriages shall file it accordingly as if it were an instrument of the kind referred to in [section 8C(2)](#GS8C@Gs2@EN) .\n> \n> > (4)  [*\\[Section 9 Subsection (4) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja9@GC1@Hpe@EN) [*\\[Section 9 Subsection (4) amended by No. 42 of 1994, s. 8, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS8@Hpc@EN) *\\[Section 9 Subsection (4) added by No. 107 of 1987, s. 5 \\]*Where a judge revokes a declaration of parentage under [section 10](#GS10@EN) , the Registrar of the Supreme Court shall forward a copy of the order revoking the declaration to the Registrar of Births, Deaths and Marriages.","sortOrder":13},{"sectionNumber":"10","sectionType":"section","heading":"Declaration of parentage","content":"### 10 Declaration of parentage\n\n> [*\\[Section 10 Substituted by No. 42 of 1994, s. 9, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS9@EN)\n> \n> > (1)  Any of the following persons may apply to a judge in chambers for a declaration of parentage:\n> > \n> > > > (a) a person who alleges that a specified person is the parent of a particular child;\n> > > \n> > > > (b) a person who alleges that the relationship of parent and child exists between that person and a particular child;\n> > > \n> > > > (c) a person with a direct and proper interest in the result who wishes to determine whether the relationship of parent and child exists between 2 specified persons.\n> \n> > (2)  A judge in chambers may refuse to hear an application for a declaration of parentage if of the opinion that it is not just and proper to do so.\n> \n> > (3)  If satisfied that the relationship of parent and child exists between 2 persons, a judge in chambers may make a declaration of parentage whether or not the parent or child or both of them are living or dead.\n> \n> > (4)  A judge in chambers, by order, may revoke a declaration if it appears to the judge that new facts or circumstances have arisen that have not previously been disclosed to the court.\n> \n> > (5)  If a judge makes a declaration under [subsection (3)](#GS10@Gs3@EN) , the judge may, at the same time or subsequently, make a declaration determining whether any of the requirements of [section 7(1)(b)](#GS7@Gs1@Hpb@EN) have been satisfied.\n> \n> > (6)  In any proceedings under this section, the parents of the child may, but are not compellable to, give evidence to prove that sexual intercourse did or did not take place between them during any period.\n> \n> > (7)  [*\\[Section 10 Subsection (7) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja9@GC2@Hpa@EN) Any of the following persons may apply to the Registrar of Births, Deaths and Marriages to re-register the birth of a child specified in a declaration of parentage:\n> > \n> > > > (a) a parent of that child;\n> > > \n> > > > (b) that child, if the child has attained the age of majority;\n> > > \n> > > > (c) a person on behalf of that child, if the child has not attained the age of majority.\n> \n> > (8)  An application under [subsection (7)](#GS10@Gs7@EN) is to be –\n> > \n> > > > (a) [*\\[Section 10 Subsection (8) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja9@GC2@Hpb@EN) in a form approved by the Registrar of Births, Deaths and Marriages; and\n> > > \n> > > > (b) [*\\[Section 10 Subsection (8) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja9@GC2@Hpc@EN) lodged with the Registrar of Births, Deaths and Marriages; and\n> > > \n> > > > (c) accompanied by –\n> > > > \n> > > > > > (i) a copy of the declaration of parentage; and\n> > > > > \n> > > > > > (ii) the prescribed fee.\n> \n> > (9)  [*\\[Section 10 Subsection (9) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja9@GC2@Hpd@EN) On receipt of an application under [subsection (8)](#GS10@Gs8@EN) , the Registrar of Births, Deaths and Marriages is to cause –\n> > \n> > > > (a) the birth of a child specified in a declaration of parentage to be re-registered in the appropriate register; and\n> > > \n> > > > (b) the particulars specified in that declaration to be recorded.\n> \n> > (10)  If a declaration of parentage is revoked by order under [subsection (4)](#GS10@Gs4@EN)  –\n> > \n> > > > (a) [*\\[Section 10 Subsection (10) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja9@GC2@Hpe@EN) a copy of the order may be lodged with the Registrar of Births, Deaths and Marriages; and\n> > > \n> > > > (b) [*\\[Section 10 Subsection (10) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000\\]*](/view/html/inforce/2000-11-01/act-1999-058#JS1@Ja9@GC2@Hpf@EN) the Registrar is to cause the re-registration to be cancelled in any manner the Registrar thinks fit.","sortOrder":14},{"sectionNumber":"Part III","sectionType":"part","heading":"Presumption of parenthood as a result of fertilization procedures","content":"# Part III Presumption of parenthood as a result of fertilization procedures","sortOrder":15},{"sectionNumber":"10A","sectionType":"section","heading":"Application of Part","content":"### 10A Application of Part\n\n> *\\[Section 10A Inserted by No. 122 of 1985, s. 7 \\]*\n> \n> > (1)  The provisions of this Part apply –\n> > \n> > > > (a) in respect of a pregnancy referred to in [section 10C](#GS10C@EN) , whether the pregnancy occurred before or after the commencement of this Act and whether or not it resulted from a procedure carried out in the State; and\n> > > \n> > > > (b) in respect of any child born as a result of a pregnancy referred to in [section 10C](#GS10C@EN) , whether or not the child was born before or after the commencement of this Act and whether or not the child was born in the State.\n> \n> > (2)  Nothing in any provision of this Part affects the vesting in possession or in interest of any property that occurred before the commencement of this Act.","sortOrder":16},{"sectionNumber":"10B","sectionType":"section","heading":"Interpretation","content":"### 10B Interpretation\n\n> *\\[Section 10B Inserted by No. 122 of 1985, s. 7 \\]*A reference in this Part to a fertilization procedure is a reference to –\n> \n> > > (a) the artificial insemination of a woman; or\n> > \n> > > (b) the procedure of implanting in the uterus of a woman an embryo derived from an ovum fertilized outside the body.","sortOrder":17},{"sectionNumber":"10C","sectionType":"section","heading":"Presumptions as to parenthood","content":"### 10C Presumptions as to parenthood\n\n> *\\[Section 10C Inserted by No. 122 of 1985, s. 7 \\]*\n> \n> > (1)  [*\\[Section 10C Subsection (1) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpd@EN) [*\\[Section 10C Subsection (1) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpc@EN) [*\\[Section 10C Subsection (1) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpb@EN) [*\\[Section 10C Subsection (1) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpa@EN) [*\\[Section 10C Subsection (1) substituted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja59@GC1@Hpa@EN) Where a woman who is married to, or in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-9999-999) , with, a man, with the consent of that man, undergoes a fertilization procedure as a result of which she becomes pregnant, the consenting man is, for the purposes of the law of the State, to be treated as if he were the father of any child born as a result of that pregnancy.\n> \n> > (1A)  [*\\[Section 10C Subsection (1A) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpg@EN) [*\\[Section 10C Subsection (1A) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpf@EN) [*\\[Section 10C Subsection (1A) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpe@EN) [*\\[Section 10C Subsection (1A) inserted by No. 73 of 2009, Sched. 1, Applied:01 Jan 2010\\]*](/view/html/inforce/2010-01-01/act-2009-073#JS1@Ja2@GC1@EN) Where a woman who is married to, or in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , with, another woman, with the consent of that other woman, undergoes a fertilization procedure as a result of which she becomes pregnant, the consenting woman is, for the purposes of the law of the State, to be treated as if she were the parent of any child born as a result of that pregnancy.\n> \n> > (1B)  [*\\[Section 10C Subsection (1B) inserted by No. 73 of 2009, Sched. 1, Applied:01 Jan 2010\\]*](/view/html/inforce/2010-01-01/act-2009-073#JS1@Ja2@GC1@EN) [Subsection (1A)](#GS10C@Gs1A@EN) is taken to have commenced on the day on which the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) commenced.\n> \n> > (2)  [*\\[Section 10C Subsection (2) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja59@GC1@Hpb@EN) Where a woman undergoes a fertilization procedure as a result of which she becomes pregnant, any man, not being her husband or her partner in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-9999-999) , who produced semen which was used in the fertilization procedure, shall, for the purposes of the law of the State, be treated as if he were not the father of any child born as a result of the pregnancy.\n> \n> > (3)  [*\\[Section 10C Subsection (3) substituted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja59@GC1@Hpc@EN) Where a woman who is married or in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-9999-999) , undergoes a fertilization procedure as a result of which she becomes pregnant and the ovum used for the purposes of the fertilization procedure was taken from another woman, the first-mentioned woman shall, for the purposes of the law of the State, be treated as if she were the mother of any child born as a result of that pregnancy.\n> \n> > (4)  Where a woman undergoes a fertilization procedure as a result of which she becomes pregnant, and another woman produced the ovum used for the purposes of the fertilization procedure, that other woman shall, for the purposes of the law of the State, be treated as if she were not the mother of any child born as a result of that pregnancy.\n> \n> > (5)  [*\\[Section 10C Subsection (5) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpi@EN) [*\\[Section 10C Subsection (5) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hph@EN) [*\\[Section 10C Subsection (5) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja59@GC1@Hpe@EN) [*\\[Section 10C Subsection (5) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja59@GC1@Hpd@EN) In any proceedings in which the operation of [subsection (1)](#GS10C@Gs1@EN) or [(1A)](#GS10C@Gs1A@EN) is relevant, the consent of a spouse or other party to the significant relationship to the carrying out of a fertilization procedure shall be presumed, but that presumption is rebuttable.\n> \n> > (6)  [*\\[Section 10C Subsection (6) omitted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja59@GC1@Hpf@EN) .  .  .  .  .  .  .  .","sortOrder":18},{"sectionNumber":"Part IV","sectionType":"part","heading":"Medical procedures to determine parentage","content":"# Part IV Medical procedures to determine parentage\n\n[*\\[Part IV Substituted by No. 42 of 1994, s. 10, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS10@EN)","sortOrder":19},{"sectionNumber":"11","sectionType":"section","heading":"Interpretation of  Part IV","content":"### 11 Interpretation of  Part IV\n\n> [*\\[Section 11 Substituted by No. 42 of 1994, s. 10, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS10@EN) In this Part,\n> \n> > ***parentage testing procedure*** means a prescribed medical procedure or a prescribed class of medical procedure.","sortOrder":20},{"sectionNumber":"12","sectionType":"section","heading":"Application for order","content":"### 12 Application for order\n\n> [*\\[Section 12 Substituted by No. 42 of 1994, s. 10, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS10@EN) If in any proceedings the parentage of a child is an issue, a party to the proceedings or a person representing the child may request the court to make an order requiring a parentage testing procedure to be carried out.","sortOrder":21},{"sectionNumber":"13","sectionType":"section","heading":"Orders for parentage testing procedure","content":"### 13 Orders for parentage testing procedure\n\n> [*\\[Section 13 Inserted by No. 42 of 1994, s. 10, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS10@EN)\n> \n> > (1)  [*\\[Section 13 Subsection (1) amended by No. 17 of 1996, Applied:12 May 1998\\]*](/view/html/inforce/1998-05-12/act-1996-017#AT@EN) A court, on request or of its own motion, may make an order requiring a parentage testing procedure to be carried out in relation to any one or more of the following persons:\n> > \n> > > > (a) a particular child;\n> > > \n> > > > (b) the mother of the child;\n> > > \n> > > > (c) any other person the court considers relevant in order to assist in determining the parentage of a child.\n> \n> > (2)  An order under [subsection (1)](#GS13@Gs1@EN) may be made subject to any terms and conditions a court considers appropriate.","sortOrder":22},{"sectionNumber":"14","sectionType":"section","heading":"Additional orders","content":"### 14 Additional orders\n\n> [*\\[Section 14 Inserted by No. 42 of 1994, s. 10, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS10@EN)\n> \n> > (1)  In an order made under [section 13](#GS13@EN) , a court may make such other orders as it considers necessary or desirable –\n> > \n> > > > (a) to enable the parentage testing procedure to be carried out; or\n> > > \n> > > > (b) to make the parentage testing procedure more effective or reliable.\n> \n> > (2)  An order under [subsection (1)](#GS14@Gs1@EN) may also require a person to –\n> > \n> > > > (a) provide a bodily sample; or\n> > > \n> > > > (b) submit to a medical procedure; or\n> > > \n> > > > (c) provide information relevant to the person's medical or family history.\n> \n> > (3)  A court may make such orders as it considers just in relation to the costs incurred –\n> > \n> > > > (a) in the carrying out of the parentage testing procedure; or\n> > > \n> > > > (b) in the carrying out of any orders made under this section or [section 13](#GS13@EN) ; or\n> > > \n> > > > (c) in the preparation of reports in relation to information obtained as a result of carrying out that parentage testing procedure.\n> \n> > (4)  A person over the age of 18 years who fails to comply with an order is not liable to a penalty but the court may draw such inferences as it considers just in the circumstances.","sortOrder":23},{"sectionNumber":"15","sectionType":"section","heading":"Guardian's consent","content":"### 15 Guardian's consent\n\n> [*\\[Section 15 Inserted by No. 42 of 1994, s. 10, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS10@EN)\n> \n> > (1)  A medical procedure or any other act is not to be carried out in relation to a child under the age of 18 years without the consent of the child's guardian.\n> \n> > (2)  A court may draw such inferences as it considers just in the circumstances if the guardian of a child fails or refuses to consent.","sortOrder":24},{"sectionNumber":"16","sectionType":"section","heading":"Immunity from liability","content":"### 16 Immunity from liability\n\n> [*\\[Section 16 Inserted by No. 42 of 1994, s. 10, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS10@EN)\n> \n> > (1)  If a guardian of a child consents to a medical procedure or any other act being carried out in relation to the child, a person who carries out, or assists in the carrying out of, the medical procedure or act is not liable to any action in relation to the proper carrying out of the medical procedure or act.\n> \n> > (2)  [Subsection (1)](#GS16@Gs1@EN) does not affect any liability of a person for an act done negligently or negligently omitted to be done in relation to the carrying out of a medical procedure or act.","sortOrder":25},{"sectionNumber":"17","sectionType":"section","heading":"Reports","content":"### 17 Reports\n\n> [*\\[Section 17 Inserted by No. 42 of 1994, s. 10, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS10@EN)\n> \n> > (1)  A person who carries out a parentage testing procedure is to make a report in the prescribed form and manner of the information obtained as a result of carrying out such a procedure.\n> \n> > (2)  A report made under [subsection (1)](#GS17@Gs1@EN) may be admitted in evidence in any proceedings under this Part.\n> \n> > (3)  If a report is admitted in evidence in any proceedings, a court, of its own motion, or at the request of a party to the proceedings or a person representing a child, may order the person who made the report or any other relevant person to appear and give evidence in relation to the report.","sortOrder":26},{"sectionNumber":"Part V","sectionType":"part","heading":"Miscellaneous","content":"# Part V Miscellaneous\n\n[*\\[Part V Inserted by No. 42 of 1994, s. 10, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS10@EN)","sortOrder":27},{"sectionNumber":"18","sectionType":"section","heading":"Application of Parts II and IV","content":"### 18 Application of Parts II and IV\n\n> [*\\[Section 18 Inserted by No. 42 of 1994, s. 10, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS10@EN)\n> \n> > (1)  [*\\[Section 18 Subsection (1) amended by No. 17 of 1996, Applied:12 May 1998\\]*](/view/html/inforce/1998-05-12/act-1996-017#AT@EN) The provisions of [Parts II](#HPII@EN) and [IV](#HPIV@EN) apply to a person –\n> > \n> > > > (a) whether or not the person was born in this State; or\n> > > \n> > > > (b) whenever the person was born; or\n> > > \n> > > > (c) whether or not the person is a minor; or\n> > > \n> > > > (d) whether or not the person's parents have ever been domiciled in this State.\n> \n> > (2)  The amendments to [Parts II](#HPII@EN) and [IV](#HPIV@EN) effected by the [Status of Children Amendment Act 1994](/view/html/inforce/2026-04-12/act-1994-999) do not apply to proceedings that began before the commencement of that Act.","sortOrder":28},{"sectionNumber":"19","sectionType":"section","heading":"Rebuttal of presumptions","content":"### 19 Rebuttal of presumptions\n\n> [*\\[Section 19 Inserted by No. 42 of 1994, s. 10, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS10@EN) A presumption arising under this Act is rebuttable by proof on a balance of probabilities.","sortOrder":29},{"sectionNumber":"20","sectionType":"section","heading":"Prevailing presumptions","content":"### 20 Prevailing presumptions\n\n> [*\\[Section 20 Inserted by No. 42 of 1994, s. 10, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS10@EN)\n> \n> > (1)  If 2 or more presumptions, or some of those presumptions, conflict and are not rebutted in any proceedings, the presumption that appears to the court to be the more or most likely to be correct prevails.\n> \n> > (2)  This section does not apply to a presumption arising under [section 8B(1)](#GS8B@Gs1@EN) .","sortOrder":30},{"sectionNumber":"21","sectionType":"section","heading":"Regulations","content":"### 21 Regulations\n\n> [*\\[Section 21 Inserted by No. 42 of 1994, s. 10, Applied:01 Aug 1997\\]*](/view/html/inforce/1997-08-01/act-1994-042#GS10@EN)\n> \n> > (1)  The Governor may make regulations for the purposes of this Act.\n> \n> > (2)  Without limiting the generality of [subsection (1)](#GS21@Gs1@EN) , the Governor may make regulations in relation to the following matters:\n> > \n> > > > (a) fees to be charged under this Act;\n> > > \n> > > > (b) the carrying out of parentage testing procedures under [Part IV](#HPIV@EN) .\n> \n> > (3)  Regulations may be made subject to conditions or so as to apply differently according to matters, limitations or restrictions specified in the regulations.\n> \n> > (4)  The regulations may –\n> > \n> > > > (a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and\n> > > \n> > > > (b) in respect of such an offence, provide for the imposition of a fine not exceeding 10 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.","sortOrder":31},{"sectionNumber":"SCHEDULE 1","sectionType":"part","heading":"SCHEDULE 1","content":"# SCHEDULE 1 SCHEDULE 1\n\n[Section 12](#GS12@EN)\n\n> > (a) [Testator's Family Maintenance Act 1912](/view/html/inforce/2026-04-12/act-1912-007) ;\n> \n> > (b) [Workers' Compensation Act 1927](/view/html/inforce/2026-04-12/act-9999-999) ;\n> \n> > (c) [Fatal Accidents Act 1934](/view/html/inforce/2026-04-12/act-1934-030) ;\n> \n> > (d) [Child Welfare Act 1960](/view/html/inforce/2026-04-12/act-1960-048) ;\n> \n> > (e) [Mental Health Act 1963](/view/html/inforce/2026-04-12/act-1963-063) ;\n> \n> > (f) [Maintenance Act 1967](/view/html/inforce/2026-04-12/act-1967-036) ;\n> \n> > (g) [Adoption of Children Act 1968](/view/html/inforce/2026-04-12/act-9999-999) ;\n> \n> > (h) [Motor Accidents (Liability and Compensation) Act 1973](/view/html/inforce/2026-04-12/act-9999-999) ;\n> \n> > (i) [Registration of Births and Deaths Act 1895](/view/html/inforce/2026-04-12/act-1895-009) .","sortOrder":32}],"analysis":{"summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Acts of this type — originally enacted in the 1970s to abolish the legal concept of illegitimacy — have typically been expanded over time through amendments to address modern family structures, including de facto relationships, assisted reproductive technology (e.g., IVF, surrogacy), and same-sex parents. The last recorded file modification in 2022 and amendments table suggest the scope has broadened well beyond the original focus on removing the illegitimacy stigma."},"complexity_factors":["The Act sits at the intersection of family law, property law, and evidence law, requiring understanding across multiple legal areas","Presumptions of parentage involve legal concepts (rebuttable presumptions, DNA evidence standards) that are not intuitive to laypeople","The Act has been amended multiple times since 1974, meaning the current law may differ significantly from the original text — amendments are not shown here","Only administrative metadata was provided, not the full legislative text, limiting the depth of analysis possible","Interaction with Commonwealth (federal) family law legislation (e.g., Family Law Act 1975) adds a layer of complexity around which law applies when"],"plain_english_summary":"## Status of Children Act 1974 (Tasmania)\n\n**What is this?**\nThis is a Tasmanian law originally passed in 1974 that deals with the legal status of children — particularly around questions of parentage (who is legally recognised as a child's parent) and the rights that flow from that.\n\n**What does it do?**\nHistorically, laws like this one existed to remove the legal disadvantages faced by children born outside of marriage (previously called \"illegitimate\" children). This Act establishes that **all children have equal legal status regardless of whether their parents were married**.\n\nIt also typically covers:\n- **Presumptions of parentage** — legal rules about who is presumed to be a child's mother or father (e.g., a husband is presumed to be the father of a child born during marriage)\n- **How parentage can be proved or disproved** — including through DNA testing\n- **Rights of inheritance and property** — ensuring children born outside marriage have the same inheritance rights as those born within marriage\n\n**Who does it affect?**\n- Children born in Tasmania (or whose parents are Tasmanian)\n- Parents — whether married, de facto (living together but not married), or separated\n- Families dealing with questions about who is legally a child's parent\n- Courts and legal professionals handling family law matters\n\n**Why does it matter?**\nIf there is ever a dispute about who a child's legal parent is — which affects things like child support, inheritance, and parental rights — this Act provides the legal framework Tasmania uses to answer that question.\n\n**Important note:** The version provided here contains only administrative/status information and does not include the full text of the Act's substantive provisions, so a complete analysis of all specific rules is not possible from this document alone."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act's scope has been broadened and modernised from earlier marriage‑centric presumptions to cover parentage arising from significant relationships and assisted reproduction, and to recognise same‑sex parenting arrangements in certain circumstances. Textual evidence includes amendments and new provisions treating a consenting partner in a 'significant relationship' as a parent (s 10C(1), (1A)), added presumptions from registration and court findings (ss 8A–8B), and expanded procedures for parentage testing and administrative re‑registration (Parts IV and ss 9–10). The Act also preserves pre‑existing property and instrument effects for matters before commencement (s 4), so scope expansion applies prospectively except where the statute expressly limits retroactivity (s 4(1)–(3), s 18(2))."},"complexity_factors":["Multiple interacting presumptions (marriage, cohabitation, registration, court findings, acknowledgements, assisted reproduction) with rules on which presumption prevails (ss 3, 5, 8, 8A–8C, 10C, 20).","Significant judicial discretion over whether to hear, declare, revoke or order testing and over terms and costs (ss 10(2)–(4), 13(1)–(2), 14(1)–(3)).","Cross‑references to other statutes and external instruments (Relationships Act, Testator's Family Maintenance Act, Schedule 1 list) requiring interpretation in context.","Procedural and administrative steps involving registrars, re‑registration, indexing and revocation (ss 9, 10(7)–(10)).","Medical and evidentiary regime for parentage testing including reporting, consent and immunity provisions (ss 11, 14(2), 15–17).","Transitional and temporal limits: preservation of pre‑commencement instruments and non‑application to proceedings begun earlier (s 4, s 18(2)), requiring dual application of old and new rules.","Delegated rule‑making and potential offences/fees under regulations (s 21) which may change operational details.","Definitions that import 'prescribed' actors, courts or procedures and overseas jurisdictions, creating dependence on delegated instruments or secondary lists (s 2, s 11)."],"plain_english_summary":"What this law changes, who it affects, and how it works\n\n- What the law does mechanically\n  - Treats all children as equal for legal purposes and removes the old rule that family words meant only \"legitimate\" children (ss 3(1)–(4)).\n  - Creates a set of legal presumptions about who is a child's parent (Parts II and III). Key presumptions include:\n    - A child born during a marriage is presumed to be the child of the woman and her spouse (s 5(1)–(3)).\n    - A person recorded as a parent in an official birth or parentage register is presumed to be a parent (s 8A).\n    - A person is conclusively or presumptively a parent where a prescribed court has made a finding of parentage (s 8B).\n    - A man who signs a legally valid acknowledgement can be presumed to be the father (s 8C(1)–(2)); such acknowledgements can be filed with the Registrar (s 9).\n    - If a woman in a marriage or a \"significant relationship\" consents to a fertilisation procedure that results in pregnancy, the consenting partner is treated as a parent for state law (s 10C(1), (1A)). Conversely, where a woman undergoes assisted reproduction using a man's semen and he is not her husband or partner, that man is treated as not the father (s 10C(2)). Rules also address ovum donors and intended mothers (s 10C(3)–(4)).\n  - Provides court processes to obtain declarations of parentage and to order medical parentage testing where parentage is in dispute (ss 10, 12–14). Courts may make related orders about samples, procedures, costs and evidentiary reports (ss 13(2), 14(1)–(3), 17).\n  - Regulates how registries update birth records after a declaration of parentage and how revocations are handled (ss 9(3)–(4), 10(7)–(10)).\n  - Sets rules about consent and protections for carrying out medical procedures on children (s 15–16). A guardian must consent for medical procedures on a child under 18 (s 15(1)); those who properly carry out procedures with that consent have limited immunity (s 16(1)–(2)).\n  - Gives the Governor power to make regulations (including fees and offences) connected to the Act (s 21).\n\n- Who is affected and who decides\n  - Affects children, biological contributors (donors), married spouses, partners in \"significant relationships\", people named on birth/parentage registers, and persons who wish to challenge or establish parentage (see ss 3, 5, 8A, 8B, 10C, 10).\n  - Key decision‑makers and administrative actors are judges (declarations, refusal or revocation of declarations—s 10(1)–(4)), courts (orders for testing and related directions—ss 12–14), registrars (filing and re‑registration—ss 9, 10(7)–(9)), and the Governor (regulations and fees—s 21).\n\n- Why these mechanisms exist (as stated in the statute) and what they require in practice\n  - The statute replaces older legal presumptions (for example, that only children born in lawful marriages were \"legitimate\") with a modern set of presumptions and procedures for identifying parents (s 3). It also supplies court procedures and administrative processes to record, test, or revoke parentage (Parts II–IV, ss 9–10, 12–17).\n  - In practice this means private parties may need to: file acknowledgements with the Registrar (s 9(1)); apply to a judge for a declaration of parentage or for parentage tests (s 10(1), s 12); provide samples or medical information if ordered (s 14(2)); or pay prescribed fees (s 9(1), s 10(8)(c), s 21(2)(a)). Guardians must be asked to consent to medical procedures for minors (s 15(1)).\n\n- Costs, incentives, trade-offs and compliance burdens (source‑grounded)\n  - Who pays: the Act contemplates fees for filing acknowledgements and re‑registration and allows the Governor to set other fees (s 9(1), s 10(8)(c), s 21(2)(a)). Courts may allocate costs for parentage testing and related reports (s 14(3)). Regulations may create low‑level fines for offences (s 21(4)).\n  - Incentives created by presumptions: the law creates legal certainty in favour of particular parties—e.g. a spouse or consenting partner is presumed to be the parent (s 5(1); s 10C(1), (1A)) while an external semen donor is treated as not the father (s 10C(2)). These presumptions change incentives for people who donate genetic material, for partners consenting to assisted reproduction, and for parties considering whether to sign acknowledgements (s 8C).\n  - Compliance burdens on private persons: providing legally‑effective acknowledgements, bearing costs of court proceedings or tests, attending court or medical appointments, and completing prescribed forms for re‑registration (ss 8C(2), 9(1)–(3), 10(7)–(9), 14(2)).\n  - Bureaucratic discretion and judicial latitude: judges may refuse to hear or may revoke declarations where not \"just and proper\" or where new facts emerge (s 10(2), (4)). Courts have wide powers to order tests, samples and to set terms and costs (ss 13–14). Registrars have discretion about inspection and filing subject to a direct and proper interest test (s 9(2)), and the Governor has broad regulation‑making power (s 21(1)). Those points concentrate decision power in courts and regulators and mean outcomes can vary with judicial or administrative judgment.\n  - Opportunity costs and implementation risk: administrative work for registries to re‑register births, to file and index acknowledgements and court declarations, and to cancel re‑registrations after revocation (ss 9(1)–(4), 10(9)–(10)). Courts and laboratories must manage evidentiary reports and appearances (s 17). The Act also preserves pre‑existing property expectations for instruments and intestacies that arose before commencement (s 4(1)–(3)), which limits retroactive effects but requires administrators to apply two sets of rules depending on timing.\n\n- Distribution of benefits and risks (concrete mechanisms)\n  - Concentrated benefits: individuals who obtain declarations or who are placed by presumption into parental status gain clear legal rights and duties (ss 5, 8A, 8B, 10C, 10). Those determinations affect succession, trusts and statutory claims listed in Schedule 1.\n  - Diffuse costs: administrative and court costs are borne across the public system (registries, courts), while private parties bring applications and may face fees or costs orders (ss 9, 14(3), 21(2)(a)).\n\n- How the law affects private choice and markets\n  - Assisted‑reproduction practice: the statute changes legal attribution of parenthood after fertilisation procedures and thus affects the contractual and behavioural choices of donors, medical practitioners and intended parents (Part III, s 10C). It also makes partner consent and formal acknowledgements meaningful legal acts (ss 8C(1)–(2), 10C(1), (1A)).\n  - Legal services and testing market: the availability of court declarations and statutory powers to order parentage testing (ss 10, 12–14, 17) creates demand for legal representation, laboratory testing and forensic reporting, and it authorises courts to apportion costs (s 14(3)).\n\nThis summary is limited to the statutory text provided. Citations in parentheses refer to the numbered sections of the Act that set out each rule or power."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":true,"description":"The original 1974 Act was primarily focused on abolishing the legal distinction between legitimate and illegitimate children (Part I) and establishing basic presumptions of paternity (Part II). Over time, the scope has expanded significantly through amendments: Part III (fertilization procedures) was added in 1985 to address artificial insemination and IVF; Part IV (medical procedures to determine parentage) was substituted in 1994 to provide a comprehensive framework for DNA testing and court-ordered parentage testing; and Part V (miscellaneous) was added in 1994. The 2003 and 2009 amendments further expanded the scope to recognize same-sex couples in significant relationships as legal parents. The Act has evolved from a simple anti-discrimination measure into a comprehensive parentage determination statute covering assisted reproduction, scientific testing, and diverse family structures."},"complexity_factors":["Multiple overlapping presumptions of parentage across different sections (marriage, cohabitation, birth registration, court findings, acknowledgments, assisted reproduction) with specific conditions for each","Retrospective and prospective application rules that vary by section (e.g., s. 3 applies to everyone regardless of birth date; s. 4 protects pre-Act instruments; s. 10A applies to pregnancies before or after the Act)","Nested conditional logic in presumptions (e.g., s. 5(3) requires separation, resumption of cohabitation, second separation, and birth within 44 weeks)","Interaction with other statutes (Relationships Act 2003, Testator's Family Maintenance Act 1912, Registration of Births and Deaths Act) requiring cross-referencing","Differential treatment of sperm/egg donors vs. social parents in assisted reproduction (Part III)","Specific protection clauses for executors and trustees (s. 6) creating exceptions to general rules","Rebuttable vs. conclusive presumptions distinguished (s. 8B(1) creates a conclusive presumption; others are rebuttable per s. 19)","Hierarchy of presumptions established in s. 20 when conflicts arise"],"plain_english_summary":"This law, the **Status of Children Act 1974**, is a Tasmanian statute that fundamentally changed how the law treats children born outside of marriage.\n\n**What it does:**\n\n*   **Abolishes the legal distinction between \"legitimate\" and \"illegitimate\" children.** Before this Act, children born to unmarried parents had fewer legal rights, particularly regarding inheritance and family law. This Act states that for all legal purposes, a child's relationship to their parents is determined the same way regardless of whether the parents were married.\n*   **Sets out rules for determining who a child's parents are.** It creates several legal \"presumptions\" (assumptions that are taken to be true unless proven otherwise) about parentage:\n    *   A child born during a marriage is presumed to be the child of both spouses.\n    *   A child born within 44 weeks of a marriage ending (by death or annulment) is presumed to be the child of the former spouse.\n    *   A child born to a woman who cohabited with a man during a specific window before the birth is presumed to be that man's child.\n    *   A person named as a parent on a birth certificate is presumed to be the parent.\n    *   Court findings and formal acknowledgments of paternity also create presumptions.\n*   **Covers assisted reproduction.** It includes special rules for children conceived through artificial insemination or IVF:\n    *   If a married woman or a woman in a \"significant relationship\" (a registered domestic partnership) undergoes a fertilization procedure with her partner's consent, the partner is treated as the legal parent.\n    *   Sperm or egg donors are generally **not** treated as legal parents.\n*   **Allows courts to order parentage testing.** If parentage is disputed in legal proceedings, a court can order DNA testing (or other medical procedures) to determine biological relationships.\n*   **Protects past legal arrangements.** It does not disturb wills, trusts, or estates that were settled before the Act came into force.\n\n**Who it affects:**\n\n*   All children born in Tasmania (or with a Tasmanian parent), regardless of their parents' marital status.\n*   Parents, particularly in disputes over child support, inheritance, or custody.\n*   Executors and trustees handling estates, who are protected from liability if they distribute assets without knowing about a claim based on this Act.\n*   People using assisted reproductive technology.\n\n**Why it matters:**\n\nThis Act was part of a broader social and legal movement in the 1970s to remove the stigma and legal disadvantage faced by children born outside marriage. It ensures equal rights to inheritance, family provision claims, and other legal benefits. It has been updated over time to recognize same-sex couples and modern fertility treatments, reflecting changing social attitudes toward family structures."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/status-of-children-act-1974","history":"/api/acts/status-of-children-act-1974/history","analysis":"/api/acts/status-of-children-act-1974/analysis","conflicts":"/api/acts/status-of-children-act-1974/conflicts","importantCases":"/api/acts/status-of-children-act-1974/important-cases","documents":"/api/acts/status-of-children-act-1974/documents"}}