{"id":"nsw:act-1996-076","name":"Status of Children Act 1996","slug":"status-of-children-act-1996","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"76 of 1996","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105525,"registerId":"nsw-act-1996-076-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Status of Children Act 1996](/view/html/inforce/current/act-1996-076).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > Births, Deaths and Marriages Register means the Register referred to in section 43 of the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062).\n> > \n> > bodily sample includes any one or more of the following—\n> > \n> > > (a) a blood sample,\n> > \n> > > (b) a tissue sample,\n> > \n> > > (c) a sperm sample,\n> > \n> > > (d) any other sample of material obtained from a human body.\n> > \n> > declaration of parentage means a declaration under section 21.\n> > \n> > Director-General means the Director-General of the Department of Community Services.\n> > \n> > fertilisation procedure means—\n> > \n> > > (a) the artificial insemination of a woman, or\n> > \n> > > (b) the procedure of transferring to a woman’s body an ovum (whether or not produced by her) fertilised outside her body, or\n> > \n> > > (c) the procedure of transferring to a woman’s body an ovum (whether or not produced by her) or both the ovum and sperm to enable fertilisation of the ovum to occur in her body, or\n> > \n> > > (d) any other procedure for the assisted conception of children that is prescribed by the regulations.\n> > \n> > formal paternity acknowledgment means a paternity acknowledgment executed under section 19.\n> > \n> > husband includes a husband under a void or voidable marriage.\n> > \n> > married includes married under a void marriage and under a voidable marriage that has been annulled by a court.\n> > \n> > parentage testing order means an order made under section 26.\n> > \n> > parentage testing procedure means a medical procedure prescribed, or included in a class of medical procedures prescribed, by the regulations for the purposes of this definition.\n> > \n> > prescribed court means a court of any State or Territory, a federal court, or a court of a prescribed overseas jurisdiction.\n> > \n> > prescribed overseas jurisdiction means any country, or part of a country, outside Australia that is prescribed by the regulations for the purposes of the provision in which the expression is used.\n> > \n> > Registrar means the Registrar of Births, Deaths and Marriages.\n> > \n> > spouse includes a spouse under a void or voidable marriage.\n> > \n> > Supreme Court or Court means the Supreme Court of New South Wales.\n> > \n> > wife includes a wife under a void or voidable marriage.\n> \n> > (2) A reference in this or any other Act—\n> > \n> > > (a) to an exnuptial child or to a child or person born outside marriage (however expressed) is a reference to a child or person whose parents (including father and mother) were not married to each other at the time of the conception of the child or person and who have not subsequently married each other, and\n> > \n> > > (b) to a child or person born in marriage or in lawful wedlock (however expressed) is a reference to a child or person whose parents (including father and mother) were married to each other at the time of the conception of the child or person or who subsequently married each other.\n> \n> **s 3:** Am 2018 No 28, Sch 2.4 \\[1\\] \\[2\\]; 2025 No 13, Sch 7.","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Application of Act","content":"#### 4 Application of Act\n\n4 Application of Act\n\n> > (1) This Act applies in respect of a person—\n> > \n> > > (a) whether born in New South Wales or elsewhere, and\n> > \n> > > (b) whether born before or after the commencement of this section, and\n> > \n> > > (c) whether a minor or not, and\n> > \n> > > (d) whether the person or the person’s father or mother is or has ever been domiciled in New South Wales or not.\n> \n> > (2) Nothing in this Act affects the operation of sections 95–99 of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075) or Part 3 of the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102).\n> \n> **s 4:** Am 2000 No 75, Sch 2.5 \\[1\\]; 2010 No 102, Sch 2.7.","sortOrder":4},{"sectionNumber":"Part 2","sectionType":"part","heading":"Status of children and dispositions of property","content":"# Part 2 Status of children and dispositions of property\n\nPart 2 Status of children and dispositions of property","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"All children are of equal status","content":"#### 5 All children are of equal status\n\n5 All children are of equal status\n\n> > (1) For the purposes of any law of the State by or under which the relationship between any person and the person’s parents (or either of the person’s parents) arises, that relationship and any other relationship (whether of consanguinity or affinity) between the person and another person is to be determined regardless of whether the person’s parents are or have been married to each other.\n> \n> > (2) This section is subject to sections 6 and 7.\n> \n> **s 5:** Am 2018 No 28, Sch 2.4 \\[3\\].","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Construction of dispositions of property made on or after 1 July 1977","content":"#### 6 Construction of dispositions of property made on or after 1 July 1977\n\n6 Construction of dispositions of property made on or after 1 July 1977\n\n> > (1) This section applies to the following dispositions only—\n> > \n> > > (a) dispositions made inter vivos on or after 1 July 1977 (being the date on which the [Children (Equality of Status) Act 1976](/view/pdf/asmade/act-1976-97) commenced),\n> > \n> > > (b) dispositions made by will or codicil executed before, on or after 1 July 1977 by a person who dies after that date.\n> \n> > (2) Unless a contrary intention appears, in any disposition to which this section applies—\n> > \n> > > (a) a reference (however expressed) to the child or children of a person includes a reference to an exnuptial child of whom that person is a parent, and\n> > \n> > > (b) a reference (however expressed) to any person or persons related to another person (other than as a parent or child) includes a reference to anyone who is so related in fact regardless that the person related in fact, or some other person through whom the relationship is traced, is or was an exnuptial child.\n> \n> > (3) The use of any of the following words (or of any word or words having the same or a similar meaning) does not of itself indicate a contrary intention for the purposes of subsection (2)—\n> > \n> > > (a) the words “legitimate” or “lawful” when used with reference to the child or children of a person or persons related to another person in some other way,\n> > \n> > > (b) the words “married”, “husband” or “wife” when used with reference to the parent or parents of a person.\n> \n> > (4) Without limiting any other provision of this Act, any rule of law that a disposition in favour of an exnuptial child not conceived or born when the disposition takes effect is void as being contrary to public policy is abolished in respect of any disposition to which this section applies.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Construction of dispositions of property made before 1 July 1977","content":"#### 7 Construction of dispositions of property made before 1 July 1977\n\n7 Construction of dispositions of property made before 1 July 1977\n\n> > (1) The following dispositions are to be construed as if the [Children (Equality of Status) Act 1976](/view/pdf/asmade/act-1976-97) and this Act had not been enacted—\n> > \n> > > (a) dispositions made inter vivos before 1 July 1977,\n> > \n> > > (b) dispositions made by will or codicil executed by a person who died before 1 July 1977.\n> \n> > (2) If any such disposition contains a special power of appointment, nothing in this Act—\n> > \n> > > (a) extends the class of persons in whose favour the appointment may be made, or\n> > \n> > > (b) causes the exercise of the power to be construed so as to include any person who is not a member of that class.","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Rights of exnuptial children and their relatives on intestacy","content":"#### 8 Rights of exnuptial children and their relatives on intestacy\n\n8 Rights of exnuptial children and their relatives on intestacy\n\n> > (1) This section applies to rights under the intestacy of persons dying on or after 1 July 1977.\n> \n> > (2) If any relative of an exnuptial child (including a parent of the child) dies intestate in respect of all or any of the relative’s real or personal property, the child (or any of the child’s issue if the child is dead) is entitled to take any interest in that property that the child (or the child’s issue) would have been entitled to take if the child’s parents had been married to each other when the child was born.\n> \n> > (3) If an exnuptial child dies intestate in respect of all or any of the child’s real or personal property, any relative of the child (including a parent of the child) is entitled to take any interest in that property that the relative would have been entitled to take if the parents of the child had been married to each other when the child was born.\n> \n> > (4) Nothing in this section affects the generality of section 5. However, this section does not (despite section 5) apply to any child who is an adopted person under an adoption order made or continued in force under the [Adoption Act 2000](/view/html/inforce/current/act-2000-075) or under an adoption recognised in the State under Chapter 5 of that Act.\n> \n> **s 8:** Am 2000 No 75, Sch 2.5 \\[2\\].","sortOrder":9},{"sectionNumber":"Part 3","sectionType":"part","heading":"Establishing parentage","content":"# Part 3 Establishing parentage\n\nPart 3 Establishing parentage","sortOrder":10},{"sectionNumber":"Division 1","sectionType":"division","heading":"Parentage presumptions","content":"## Division 1 Parentage presumptions\n\nDivision 1 Parentage presumptions","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Presumptions of parentage arising from marriage","content":"#### 9 Presumptions of parentage arising from marriage\n\n9 Presumptions of parentage arising from marriage\n\n> > (1) A child born to a woman during a marriage to which she is a party is presumed to be a child of the woman and her spouse.\n> \n> > (2) If a child is born to a woman within 44 weeks after her spouse dies, the child is presumed to be the child of the woman and her deceased spouse.\n> \n> > (3) If a child is born to the woman within 44 weeks after a purported marriage to which the woman is a party is annulled, the child is presumed to be a child of the woman and her purported spouse.\n> \n> > (4) If—\n> > \n> > > (a) the parties to a marriage separated at any time, and\n> > \n> > > (b) after the separation, resumed cohabitation on one occasion, and\n> > \n> > > (c) within 3 months after the resumption of 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 end of the cohabitation, but after the dissolution of the marriage,\n> > \n> > the child is presumed to be the child of the woman and her former spouse.\n> \n> > (5) For the purposes of this section, a marriage is dissolved by a decree of dissolution or annulled by a decree of nullity on the making of the decree nisi.\n> \n> **s 9:** Am 2018 No 28, Sch 2.4 \\[4\\].","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Presumption of paternity arising from cohabitation","content":"#### 10 Presumption of paternity arising from cohabitation\n\n10 Presumption of paternity arising from cohabitation\n\n> A child born to a woman is presumed to be a man’s child if, at any time during the period beginning not earlier than 44 weeks and ending not less than 20 weeks before the birth, the man and the woman cohabit but are not married.","sortOrder":13},{"sectionNumber":"11","sectionType":"section","heading":"Presumptions of parentage arising from registration of birth","content":"#### 11 Presumptions of parentage arising from registration of birth\n\n11 Presumptions of parentage arising from registration of birth\n\n> > (1) A person is presumed to be a child’s parent if the person’s name is entered as the child’s parent in the Births, Deaths and Marriages Register or a register of births or parentage information kept under a law of the Commonwealth, another State or a Territory or a prescribed overseas jurisdiction.\n> \n> > (2) Nothing in this section affects the operation of Chapter 5 (Recognition of adoptions) of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075).\n> \n> **s 11:** Am 2000 No 75, Sch 2.5 \\[3\\].","sortOrder":14},{"sectionNumber":"12","sectionType":"section","heading":"Presumption of parentage arising from findings of courts","content":"#### 12 Presumption of parentage arising from findings of courts\n\n12 Presumption of parentage arising from findings of courts\n\n> > (1) A person is presumed to be a child’s parent if—\n> > \n> > > (a) while the person is alive, a prescribed court has—\n> > > \n> > > > (i) found expressly that the person is the child’s parent, or\n> > > \n> > > > (ii) made a finding that it could not have made unless the person was the child’s parent, and\n> > \n> > > (b) the finding has not been altered, set aside or reversed.\n> \n> > (2) A presumption arising under subsection (1) is irrebuttable.\n> \n> > (3) A person is presumed to be a child’s parent if—\n> > \n> > > (a) after the person dies, a prescribed court has—\n> > > \n> > > > (i) found expressly that the person was the child’s parent, or\n> > > \n> > > > (ii) made a finding that it could not have made unless the person was the child’s parent, and\n> > \n> > > (b) the finding has not been altered, set aside or reversed.\n> \n> > (4) In this section, a reference to a finding of a prescribed court includes—\n> > \n> > > (a) a reference to a declaration of parentage, and\n> > \n> > > (b) a reference to a finding whether made before or after the commencement of this section.\n> \n> > (5) Nothing in this section affects the operation of Chapter 5 (Recognition of adoptions) of the [Adoption Act 2000](/view/html/inforce/current/act-2000-075).\n> \n> **s 12:** Am 2000 No 75, Sch 2.5 \\[3\\].","sortOrder":15},{"sectionNumber":"13","sectionType":"section","heading":"Presumption of parentage arising from acknowledgments","content":"#### 13 Presumption of parentage arising from acknowledgments\n\n13 Presumption of parentage arising from acknowledgments\n\n> > (1) A man is presumed to be a child’s father if—\n> > \n> > > (a) under this Act or other law of the State or a law of the Commonwealth, another State or a Territory or a prescribed overseas jurisdiction, the man executes a formal paternity acknowledgment or any other instrument acknowledging that he is the child’s father, and\n> > \n> > > (b) the instrument has not been annulled or otherwise set aside.\n> \n> > (2) This section extends to instruments executed before the commencement of this section.","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Presumptions of parentage arising out of use of fertilisation procedures","content":"#### 14 Presumptions of parentage arising out of use of fertilisation procedures\n\n14 Presumptions of parentage arising out of use of fertilisation procedures\n\n> > (1) When a woman who is married to a man has undergone a fertilisation procedure as a result of which she becomes pregnant—\n> > \n> > > (a) her husband is presumed to be the father of any child born as a result of the pregnancy even if he did not provide any or all of the sperm used in the procedure, but only if he consented to the procedure, and\n> > \n> > > (b) the woman is presumed to be the mother of any child born as a result of the pregnancy even if she did not provide the ovum used in the procedure.\n> \n> > (1A) When a woman who is married to or who is the de facto partner of another woman has undergone a fertilisation procedure as a result of which she becomes pregnant—\n> > \n> > > (a) the other woman is presumed to be a parent of any child born as a result of the pregnancy, but only if the other woman consented to the procedure, and\n> > \n> > > (b) the woman who has become pregnant is presumed to be the mother of any child born as a result of the pregnancy even if she did not provide the ovum used in the procedure.\n> > \n> > Note.\n> > \n> > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015).\n> \n> > (2) If a woman (whether married or unmarried) becomes pregnant by means of a fertilisation procedure using any sperm obtained from a man who is not her husband, that man is presumed not to be the father of any child born as a result of the pregnancy.\n> \n> > (3) If a woman (whether married or unmarried) becomes pregnant by means of a fertilisation procedure using an ovum obtained from another woman, that other woman is presumed not to be the mother of any child born as a result of the pregnancy. This subsection does not affect the presumption arising under subsection (1A) (a).\n> \n> > (4) Any presumption arising under subsections (1)–(3) is irrebuttable.\n> \n> > (5) In any proceedings in which the operation of subsection (1) is relevant, a husband’s consent to the carrying out of the fertilisation procedure is presumed.\n> \n> > (5A) In any proceedings in which the operation of subsection (1A) is relevant, the consent of a woman to the carrying out of a fertilisation procedure that results in the pregnancy of her spouse or de facto partner is presumed.\n> \n> > (6) In this section—\n> > \n> > > (a) a reference to a woman who is married to a man includes a reference to a woman who is the de facto partner of a man, and\n> > \n> > > (b) a reference (however expressed) to the husband or wife of a person—\n> > > \n> > > > (i) is, in a case where the person is the de facto partner of a person of the opposite sex, a reference to that other person, and\n> > > \n> > > > (ii) does not, in that case, include a reference to the spouse (if any) to whom the person is actually married.\n> \n> > (7) (Repealed)\n> \n> **s 14:** Am 1997 No 147, Sch 1.25 \\[1\\] \\[2\\]; 2008 No 23, Sch 2 \\[1\\]–\\[6\\]; 2010 No 19, Sch 3.104 \\[1\\]–\\[4\\]; 2018 No 28, Sch 2.4 \\[5\\]–\\[7\\].","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Rebuttal of parentage presumptions","content":"#### 15 Rebuttal of parentage presumptions\n\n15 Rebuttal of parentage presumptions\n\n> > (1) A presumption arising under this Division, or a parentage presumption arising under any other Act or rule of law, that is rebuttable, is rebuttable by proof on the balance of probabilities.\n> \n> > (2) Every presumption arising under this Division (except for a presumption arising under section 12 (1) or 14 (1)–(3)) is a rebuttable presumption.","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Conflicting rebuttable parentage presumptions","content":"#### 16 Conflicting rebuttable parentage presumptions\n\n16 Conflicting rebuttable parentage presumptions\n\n> If two or more rebuttable presumptions referred to in section 15 conflict with each other and are not rebutted in any proceedings, the presumption that appears to the court to be more or most likely to be correct prevails.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Conflicts involving irrebuttable parentage presumptions","content":"#### 17 Conflicts involving irrebuttable parentage presumptions\n\n17 Conflicts involving irrebuttable parentage presumptions\n\n> > (1) If two or more irrebuttable presumptions arising under this Division conflict with each other, the presumption that appears to the court to be more or most likely to be correct prevails.\n> \n> > (2) If an irrebuttable presumption arising under this Division conflicts with a rebuttable presumption arising under this Division that is not rebutted in any proceedings, the irrebuttable presumption prevails over the rebuttable presumption.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Parentage presumptions cannot be relied on by prosecutors","content":"#### 18 Parentage presumptions cannot be relied on by prosecutors\n\n18 Parentage presumptions cannot be relied on by prosecutors\n\n> Despite any other provision of this Act, a prosecutor cannot rely in any criminal proceedings on a presumption arising under this Act to prove the parentage of a child.","sortOrder":21},{"sectionNumber":"Division 2","sectionType":"division","heading":"Acknowledgments of paternity","content":"## Division 2 Acknowledgments of paternity\n\nDivision 2 Acknowledgments of paternity","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Execution of instrument of acknowledgment","content":"#### 19 Execution of instrument of acknowledgment\n\n19 Execution of instrument of acknowledgment\n\n> > (1) A man has executed an instrument acknowledging paternity of a child under this Division if—\n> > \n> > > (a) he executes an instrument in or to the effect of a form prescribed by the regulations and the instrument is countersigned by the mother of the child, and\n> > \n> > > (b) he executes the instrument in the presence of a person belonging to a class of persons prescribed by the regulations for the purposes of this paragraph, and\n> > \n> > > (c) the instrument has not been annulled under this Division.\n> \n> > (2) A person in whose presence a formal paternity acknowledgment is executed in New South Wales must—\n> > \n> > > (a) take possession of the acknowledgment once it is executed, and\n> > \n> > > (b) cause the acknowledgment to be transmitted to the Registrar not later than 14 days after the date of its execution to be dealt with under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062).\n> > \n> > Maximum penalty—2 penalty units.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Annulment of paternity acknowledgments","content":"#### 20 Annulment of paternity acknowledgments\n\n20 Annulment of paternity acknowledgments\n\n> > (1) A formal paternity acknowledgment can be annulled only by order of the Supreme Court.\n> \n> > (2) The Court may annul a formal paternity acknowledgment on the application of, or on behalf of, any of the following persons—\n> > \n> > > (a) the person who executed the acknowledgment,\n> > \n> > > (b) the mother of the child to whom the acknowledgment relates,\n> > \n> > > (c) the child to whom the acknowledgment relates,\n> > \n> > > (d) the Registrar,\n> > \n> > > (e) any other person who may be affected by the result of the application.\n> \n> > (3) If the Court makes an annulment order, the Registrar of the Division of the Court in which the order was made must immediately cause a copy of the order to be transmitted to the Registrar of Births, Deaths and Marriages to be dealt with under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062).","sortOrder":24},{"sectionNumber":"Division 3","sectionType":"division","heading":"Declarations of parentage","content":"## Division 3 Declarations of parentage\n\nDivision 3 Declarations of parentage","sortOrder":25},{"sectionNumber":"21","sectionType":"section","heading":"Applications for declarations in the Supreme Court","content":"#### 21 Applications for declarations in the Supreme Court\n\n21 Applications for declarations in the Supreme Court\n\n> > (1) Any of the following persons may make an application to the Supreme Court for a declaration of parentage under this section—\n> > \n> > > (a) a person who alleges that the relationship of parent and child exists between the person’s child and any named person, or\n> > \n> > > (b) a person who alleges that the relationship of parent and child exists between the person and another named or identified person, or\n> > \n> > > (c) the Registrar when seeking a determination that the relationship of parent and child exists between a named person and another named or identified person, or\n> > \n> > > (d) the Director-General when seeking a determination that the relationship of parent and child exists between a named person and another named or identified person, or\n> > \n> > > (e) a person prescribed by the regulations who seeks a determination that the relationship of parent and child exists between a named person and another named or identified person, or\n> > \n> > > (f) a person who may be affected by the result who seeks a determination that the relationship of parent and child exists between a named person and another named or identified person.\n> \n> > (2) On any such application, the Supreme Court may make a declaration that a named or identified person is a child’s parent.\n> \n> > (3) A declaration of parentage may be made—\n> > \n> > > (a) whether or not the parent or the child (or both) are alive, or\n> > \n> > > (b) whether or not the child has been born.\n> \n> > (4) If a declaration of parentage is made, the Registrar of the Division of the Court in which the order was made must immediately cause a copy of the declaration to be transmitted to the Registrar of Births, Deaths and Marriages to be dealt with under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062).","sortOrder":26},{"sectionNumber":"22","sectionType":"section","heading":"Annulment of declaration of parentage","content":"#### 22 Annulment of declaration of parentage\n\n22 Annulment of declaration of parentage\n\n> > (1) The Supreme Court may make an order annulling a declaration of parentage on the application of any person who applied or could have applied for the making of the declaration if it appears to the Court—\n> > \n> > > (a) that new facts or circumstances have arisen that have not previously been disclosed to the Court, and\n> > \n> > > (b) those facts could not, by the exercise of reasonable diligence, have previously been disclosed to the Court.\n> \n> > (2) On the making of such an order, the declaration ceases to have effect from that time. Accordingly, the annulment does not affect anything done in reliance on the declaration before the making of the order.\n> \n> > (3) If the Court makes such an order, it may, if it thinks that it would be just and equitable to do so, make such ancillary orders (including orders varying property rights) as may be necessary to place any person affected by the annulment of the declaration, as far as practicable, in the same position as the person would have been in if the declaration had not been made.\n> \n> > (4) If a declaration is annulled under this section, the Registrar of the Division of the Court in which the order was made must immediately cause a copy of the order of annulment to be transmitted to the Registrar of Births, Deaths and Marriages to be dealt with under the [Births, Deaths and Marriages Registration Act 1995](/view/html/inforce/current/act-1995-062).","sortOrder":27},{"sectionNumber":"Division 4","sectionType":"division","heading":"Evidence of court findings and paternity acknowledgments","content":"## Division 4 Evidence of court findings and paternity acknowledgments\n\nDivision 4 Evidence of court findings and paternity acknowledgments","sortOrder":28},{"sectionNumber":"23","sectionType":"section","heading":"Admissibility of court findings and paternity acknowledgments","content":"#### 23 Admissibility of court findings and paternity acknowledgments\n\n23 Admissibility of court findings and paternity acknowledgments\n\n> > (1) In any proceedings in which the parentage of a child is in issue and a presumption under section 12 or 13 is relied on, the finding of the prescribed court or the paternity acknowledgment (or a copy of any such instrument that the court considers authentic) giving rise to the presumption is to be admitted in evidence in those proceedings.\n> \n> > (2) In any proceedings in which the parentage of a child is in issue, the court before which the proceedings are taken may admit any evidence that tends to establish that a person is or is not a parent of the child even though that evidence is not required to be admitted by virtue of subsection (1).\n> \n> > (3) However, subsection (2) does not apply so as to allow the admission of evidence in rebuttal of an irrebuttable presumption of law arising by virtue of this or any other Act or any rule of law.","sortOrder":29},{"sectionNumber":"Division 5","sectionType":"division","heading":"Hearings under Divisions 2 and 3","content":"## Division 5 Hearings under Divisions 2 and 3\n\nDivision 5 Hearings under Divisions 2 and 3","sortOrder":30},{"sectionNumber":"24","sectionType":"section","heading":"Conduct of hearings","content":"#### 24 Conduct of hearings\n\n24 Conduct of hearings\n\n> > (1) The hearing of an application for a declaration of parentage or for an annulment order under Division 2 or 3 is to be in closed court.\n> \n> > (2) The Supreme Court may adjourn the hearing of any such application to give a person the opportunity to be present or to be represented at the hearing if the Court considers that the person’s interests would be affected by a declaration or an annulment order (as the case may be).","sortOrder":31},{"sectionNumber":"25","sectionType":"section","heading":"Offence: publication of identity of participants in hearing","content":"#### 25 Offence: publication of identity of participants in hearing\n\n25 Offence: publication of identity of participants in hearing\n\n> A person must not publish the name, or the particulars relating to the identity, of any person by, or in relation to whom, an application for a declaration of parentage or for an annulment order under Division 2 or 3 is brought.\n> \n> Maximum penalty—10 penalty units.","sortOrder":32},{"sectionNumber":"Division 6","sectionType":"division","heading":"Parentage evidence","content":"## Division 6 Parentage evidence\n\nDivision 6 Parentage evidence","sortOrder":33},{"sectionNumber":"26","sectionType":"section","heading":"Orders for carrying out of parentage testing procedures","content":"#### 26 Orders for carrying out of parentage testing procedures\n\n26 Orders for carrying out of parentage testing procedures\n\n> > (1) In proceedings where the parentage of a child is in issue, the Supreme Court may make an order requiring a parentage testing procedure to be carried out on any of the following persons for the purpose of obtaining information to assist in determining the parentage of the child—\n> > \n> > > (a) the child, or\n> > \n> > > (b) a person known to be a parent of the child, or\n> > \n> > > (c) any other person, if the Court is of the opinion that the information that could be obtained if the parentage testing procedure were to be carried out in relation to the person might assist in determining the parentage of the child.\n> \n> > (2) A parentage testing order may be made by the Court—\n> > \n> > > (a) on the application of a party to the proceedings, or\n> > \n> > > (b) on the application of the Director-General, or\n> > \n> > > (c) on the application of a person representing the child under an order made under section 34, or\n> > \n> > > (d) of its own motion.\n> \n> > (3) A parentage testing order may be made subject to terms and conditions.\n> \n> > (4) In deciding whether to make a parentage testing order, the Court must—\n> > \n> > > (a) consider and determine any objection made by a party to the proceedings on account of medical, religious or other grounds, and\n> > \n> > > (b) if it determines that an objection is valid, take the objection into account in deciding whether to make the order.","sortOrder":34},{"sectionNumber":"27","sectionType":"section","heading":"Orders associated with parentage testing orders","content":"#### 27 Orders associated with parentage testing orders\n\n27 Orders associated with parentage testing orders\n\n> > (1) If the Supreme Court makes a parentage testing order, the 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) Some examples of the kinds of order that the Court can make under subsection (1) are as follows—\n> > \n> > > (a) an order requiring a person to submit to a medical procedure,\n> > \n> > > (b) an order requiring a person to provide a bodily sample,\n> > \n> > > (c) an order requiring a person to surrender a bodily sample previously obtained from that person or from another person (regardless of whether that other person is still living) that has been stored or otherwise preserved,\n> > \n> > > (d) an order requiring a person to furnish information relevant to the person’s medical or family history.\n> \n> > (3) The Court may also make such costs orders as it considers just in relation to costs incurred in relation to—\n> > \n> > > (a) the carrying out of the parentage testing procedure or other orders made by the Court in relation to the parentage testing procedure, or\n> > \n> > > (b) the preparation of reports in relation to the information obtained as a result of the carrying out of the parentage testing procedure.\n> \n> > (4) In deciding whether to make an order under this section, the Court must—\n> > \n> > > (a) consider and determine any objection made by a party to the proceedings on account of medical, religious or other grounds, and\n> > \n> > > (b) if it determines that an objection is valid, take the objection into account in deciding whether to make the order.","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Orders made against children under 18 years of age","content":"#### 28 Orders made against children under 18 years of age\n\n28 Orders made against children under 18 years of age\n\n> > (1) This section applies if a parentage testing order or an order under section 27 requires a medical procedure or other act to be carried out in relation to a child who is under 18 years of age.\n> \n> > (2) The procedure or act must not be carried out in relation to the child under the order unless a parent or guardian of the child consents to the medical procedure or act being carried out.\n> \n> > (3) However, the Court may draw such inferences from a failure or refusal to consent as appear just in the circumstances.","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Effect of non-compliance by adult with an order made under this Part","content":"#### 29 Effect of non-compliance by adult with an order made under this Part\n\n29 Effect of non-compliance by adult with an order made under this Part\n\n> > (1) If a person who is 18 years or more of age contravenes a parentage testing order or an order under section 27, the person is not liable to any penalty in relation to the contravention.\n> \n> > (2) However, the Court may draw such inferences as appear just in the circumstances.","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"No liability if parent or guardian consents","content":"#### 30 No liability if parent or guardian consents\n\n30 No liability if parent or guardian consents\n\n> > (1) If a parent or guardian of the child consents to a medical procedure or other act being carried out in relation to the child under an order made under this Division, a person who carries out, or assists in the carrying out of, the medical procedure or act is not liable to any civil or criminal action in relation to the proper carrying out of the medical procedure or act.\n> \n> > (2) Nothing in subsection (1) affects 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":38},{"sectionNumber":"31","sectionType":"section","heading":"Reports on parentage testing procedures","content":"#### 31 Reports on parentage testing procedures\n\n31 Reports on parentage testing procedures\n\n> > (1) A report made in accordance with regulations made under section 36 (2) (b) may be received in evidence in any proceedings under this Act.\n> \n> > (2) If any such report is received in evidence in any proceedings under this Act, the Supreme Court may make an order requiring the person who made the report, or any person whose evidence may be relevant in relation to the report, to appear before the Court and give evidence in relation to the report.\n> \n> > (3) An order under subsection (2) may be made by the Court—\n> > \n> > > (a) on the application of a party to the proceedings, or\n> > \n> > > (b) on the application of the Director-General, or\n> > \n> > > (c) on the application of a person representing a child under an order made under section 34, or\n> > \n> > > (d) of its own motion.","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Offence: Personating another in or proffering another child for a parentage testing procedure","content":"#### 32 Offence: Personating another in or proffering another child for a parentage testing procedure\n\n32 Offence: Personating another in or proffering another child for a parentage testing procedure\n\n> A person must not—\n> \n> > (a) undergo a parentage testing procedure under a parentage testing order or other procedure ordered under section 27 for the purpose of personating the person who is required by the order to undergo the procedure, or\n> \n> > (b) proffer a child for the purpose of undergoing a parentage testing procedure under a parentage testing order or other procedure ordered under section 27 knowing that the child is not the child named in the order.\n> \n> Maximum penalty—5 penalty units.","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Offence: Taking of bodily sample by unqualified persons","content":"#### 33 Offence: Taking of bodily sample by unqualified persons\n\n33 Offence: Taking of bodily sample by unqualified persons\n\n> > (1) A person must not take any bodily sample purportedly for the purpose of giving effect to a parentage testing order or an order under section 27 unless the person is a qualified person.\n> > \n> > Maximum penalty—2 penalty units.\n> \n> > (2) For the purposes of this section, qualified person means—\n> > \n> > > (a) a medical practitioner, or\n> > \n> > > (b) a registered nurse, or\n> > \n> > > (c) any other person belonging to a class of persons prescribed by the regulations for the purposes of this section.","sortOrder":41},{"sectionNumber":"34","sectionType":"section","heading":"Court orders for separate representation of child","content":"#### 34 Court orders for separate representation of child\n\n34 Court orders for separate representation of child\n\n> > (1) This section applies to proceedings under this Division concerning a child.\n> \n> > (2) If it appears to the Supreme Court that the child ought to be separately represented, the Court may order that the child is to be separately represented, and may also make such orders as it considers necessary to secure that representation.\n> \n> > (3) The Supreme Court may make an order for separate representation—\n> > \n> > > (a) on the application of any person, or\n> > \n> > > (b) of its own motion.","sortOrder":42},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"Proceedings for offences","content":"#### 35 Proceedings for offences\n\n35 Proceedings for offences\n\n> > (1) Proceedings for an offence under this Act are to be dealt with before the Local Court.\n> \n> > (2) Nothing in this section affects the jurisdiction or power of the Supreme Court to enforce its orders.\n> \n> **s 35:** Am 2007 No 94, Sch 4.","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Regulations","content":"#### 36 Regulations\n\n36 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (2) Without affecting the generality of subsection (1), the regulations may make provision with respect to any of the following matters—\n> > \n> > > (a) the carrying out of parentage testing procedures under parentage testing orders,\n> > \n> > > (b) the preparation of reports in relation to the information obtained as the result of the carrying out of such procedures.\n> \n> > (3) A regulation may create an offence punishable by a penalty not exceeding 5 penalty units.","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Repeal of Children (Equality of Status) Act 1976 No 97 and Artificial Conception Act 1984 No 3","content":"#### 37 Repeal of Children (Equality of Status) Act 1976 No 97 and Artificial Conception Act 1984 No 3\n\n37 Repeal of [Children (Equality of Status) Act 1976 No 97](/view/pdf/asmade/act-1976-97) and [Artificial Conception Act 1984 No 3](/view/pdf/asmade/act-1984-3)\n\n> The [Children (Equality of Status) Act 1976](/view/pdf/asmade/act-1976-97) and the [Artificial Conception Act 1984](/view/pdf/asmade/act-1984-3) are repealed.","sortOrder":46},{"sectionNumber":"38","sectionType":"section","heading":null,"content":"#### 38\n\n38 (Repealed)","sortOrder":47},{"sectionNumber":"39","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 39 Savings and transitional provisions\n\n39 Savings and transitional provisions\n\n> Schedule 2 has effect.","sortOrder":49},{"sectionNumber":"40","sectionType":"section","heading":"Review of Act","content":"#### 40 Review of Act\n\n40 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.\n> \n> > (3) A report of the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.","sortOrder":50},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedule 1 (Repealed)\n\n**sch 1:** Rep 1999 No 85, Sch 4.","sortOrder":51},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 2 Savings and transitional provisions\n\nSchedule 2 Savings and transitional provisions\n\n(Section 39)\n\n**sch 2:** Am 2008 No 23, Sch 2 \\[7\\] \\[8\\].","sortOrder":52}],"analysis":{"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"The Act has been amended at least 8 times since 1999, with significant updates likely reflecting societal changes such as the legal recognition of same-sex relationships, expanded use of assisted reproductive technology, and evolving views on donor conception rights. The original 1996 Act focused primarily on removing distinctions between 'legitimate' and 'illegitimate' children; subsequent amendments appear to have broadened the Act to address modern family structures and reproductive technologies well beyond that original narrow purpose."},"complexity_factors":["Intersection of family law, reproductive technology law, and inheritance/property rights across multiple legal domains","Multiple amendments over nearly 30 years (1999–2025) mean the current version may differ significantly from the original","Legal presumptions of parentage can be rebutted (challenged) in court, requiring understanding of evidentiary rules","Assisted reproductive technology provisions involve complex scientific and ethical concepts translated into legal rules","Interaction with Commonwealth (federal) family law legislation (Family Law Act 1975) can create confusion about which law applies","Only metadata was provided — full text of provisions was not available for analysis, limiting assessment accuracy"],"plain_english_summary":"## Status of Children Act 1996 (NSW)\n\n**What is this?**\nThis is a New South Wales law that deals with the legal status of children — essentially, it sets out rules about who is legally recognised as a parent and what rights children have regardless of the circumstances of their birth.\n\n**Who does it affect?**\n- Children born inside or outside of marriage\n- Parents (including those who used assisted reproductive technology like IVF or donor conception)\n- Families navigating questions of legal parentage (i.e., who the law recognises as a child's parent)\n\n**Why does it matter?**\nHistorically, children born outside of marriage (sometimes called 'illegitimate' children) had fewer legal rights than those born to married parents. This Act removes that distinction — all children in NSW have equal legal standing regardless of whether their parents were married.\n\nThe Act also deals with modern family situations, such as:\n- **Presumptions of parentage** — legal rules about who is assumed to be a child's parent (e.g., a woman's husband or de facto partner is presumed to be the father)\n- **Assisted reproductive technology (ART)** — rules about who is legally a parent when a child is conceived using donor sperm, eggs, or surrogacy arrangements\n- **DNA testing** — courts can order parentage testing to resolve disputes about who a child's legal parent is\n\n**Important note:** Only the metadata and version history of this legislation was provided — the actual text of the Act's sections was not included. This summary is based on the Act's known purpose and title rather than specific provisions."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act originally replaced two earlier acts focused on equality of status for children born outside marriage and artificial conception. Its scope has expanded significantly over time, particularly through amendments to include same-sex couples in parentage presumptions arising from fertilisation procedures (2008 amendment) and to update definitions. The original intent was to remove legal discrimination against exnuptial children; it now also addresses modern assisted reproductive technology and family structures."},"complexity_factors":["Multiple defined terms (over 20) with cross-references to other Acts","Complex structure with 4 Parts and 6 Divisions","Varying effective dates for property dispositions (pre- and post-July 1977)","Hierarchy of rebuttable and irrebuttable presumptions with conflict rules","Detailed provisions for fertilisation procedures including same-sex couples","Cross-references to other Acts (Adoption Act, Surrogacy Act, Births Deaths and Marriages Registration Act)","Conditional logic in presumptions (e.g., time frames of 44 weeks, 20 weeks, 3 months)","Regulations can prescribe many details (e.g., forms, classes of persons, overseas jurisdictions)"],"plain_english_summary":"This Act makes all children equal under the law, regardless of whether their parents were married when they were conceived or born. It removes legal distinctions between children born inside and outside marriage. This affects how parentage is determined for inheritance, property rights, and other legal matters. The Act sets out rules for who is considered a parent, including:\n\n- **Presumptions of parentage**: The law presumes a child's parents are certain people based on marriage, cohabitation, registration of birth, court findings, formal acknowledgments of paternity, or use of fertilisation procedures (like IVF). Some presumptions can be challenged (rebuttable), while others cannot (irrebuttable).\n- **Formal acknowledgments of paternity**: A man can sign an official form acknowledging he is a child's father, which creates a legal presumption.\n- **Declarations of parentage**: The Supreme Court can make a formal declaration that a named person is a child's parent.\n- **Parentage testing orders**: A court can order DNA or other medical tests to determine parentage.\n\nThe Act also covers how property left in wills or trusts is handled, ensuring that exnuptial children are not excluded unless the document specifically says otherwise. Overall, the Act standardises the legal treatment of all children for most purposes under NSW law."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 1996 scope. Originally enacted to consolidate the Children (Equality of Status) Act 1976 and Artificial Conception Act 1984, it has since been amended to include: (1) same-sex de facto partner presumptions for assisted reproduction (2008), reflecting changing social attitudes and relationship recognition; (2) updated terminology replacing gender-specific language with gender-neutral terms where possible; and (3) continued carve-outs for newer legislation like the Surrogacy Act 2010, indicating the Act now operates within a broader ecosystem of family law rather than as a standalone comprehensive scheme. The 2025 amendments suggest ongoing maintenance to keep pace with administrative changes."},"complexity_factors":["Multiple overlapping presumptions of parentage with different rebuttability standards (sections 9-14, 15, 17)","Complex conditional logic for assisted reproduction scenarios including same-sex couples (section 14 with subsections 1, 1A, 2-6)","Temporal distinctions for property dispositions based on 1 July 1977 cutoff date (sections 6-7)","Interaction with other Acts requiring explicit savings provisions (Adoption Act 2000, Surrogacy Act 2010, Births, Deaths and Marriages Registration Act 1995)","Nested definitions including 'prescribed court', 'prescribed overseas jurisdiction', and 'fertilisation procedure' that delegate detail to regulations","Savings and transitional provisions spanning multiple repealed Acts (Schedule 2, Parts 1-3)","Irrebuttable vs rebuttable presumption hierarchy rules (sections 15-17)","Specific evidentiary rules for court proceedings (sections 23, 31)"],"plain_english_summary":"This NSW law, the **Status of Children Act 1996**, does three main things:\n\n**1. It makes all children equal before the law**\n- Whether your parents were married or not, you have the same legal rights to inherit property, claim against estates, and be recognised as your parents' child.\n- This applies to wills, trusts, and when someone dies without a will (intestacy).\n- However, it protects old wills made before 1977 — they stay interpreted under the old rules where \"legitimate\" and \"illegitimate\" children were treated differently.\n\n**2. It sets out how to work out who a child's parents are**\nThe law creates several legal shortcuts (called **presumptions**) for establishing parentage:\n- **Marriage**: If a woman is married when she gives birth, her spouse is presumed to be the other parent. This also applies if the baby is born within 44 weeks of a spouse's death or after a marriage is annulled.\n- **Cohabitation**: If a man and woman lived together during the conception window (20-44 weeks before birth), he's presumed to be the father.\n- **Birth registration**: Whoever is named as parent on the birth certificate is presumed to be the parent.\n- **Court findings**: If a court has already ruled on parentage, that finding is binding and cannot be challenged (**irrebuttable**).\n- **Assisted reproduction**: Complex rules cover IVF and other fertility treatments. A spouse who consents to fertility treatment is the legal parent, even if they didn't provide the sperm or egg. Sperm/egg donors are generally **not** legal parents. Since 2008, these rules also apply to female same-sex couples (de facto partners and spouses).\n\nMost of these presumptions can be overturned (**rebutted**) with evidence, except for court findings and assisted reproduction cases.\n\n**3. It provides ways to prove or challenge parentage through the courts**\n- **Formal acknowledgments**: A man can sign a legal document acknowledging he's the father, which creates a presumption of paternity.\n- **Court declarations**: The Supreme Court can make official declarations about who a child's parents are — even before the child is born, or after a parent has died.\n- **DNA testing**: Courts can order parentage testing (including blood or tissue samples) to help determine biological relationships. There are special protections for children under 18 — parents must consent to medical procedures on their behalf.\n\n**Who does this affect?**\n- Anyone in NSW dealing with inheritance disputes where parentage is questioned\n- Separated or unmarried parents establishing rights and responsibilities\n- Same-sex couples using assisted reproduction\n- People seeking to prove or disprove biological relationships for legal purposes\n- The law applies regardless of where you were born or whether you live in NSW.\n\n**Why it matters**\nThis Act removed the historical stigma of \"illegitimacy\" from NSW law, ensuring children aren't disadvantaged by their parents' marital status. It also modernised parentage law to deal with IVF, sperm donation, and changing family structures — though it notably excludes surrogacy arrangements (covered by separate legislation)."}},"importantCases":[],"_links":{"self":"/api/acts/status-of-children-act-1996","history":"/api/acts/status-of-children-act-1996/history","analysis":"/api/acts/status-of-children-act-1996/analysis","conflicts":"/api/acts/status-of-children-act-1996/conflicts","importantCases":"/api/acts/status-of-children-act-1996/important-cases","documents":"/api/acts/status-of-children-act-1996/documents"}}