Family Law Act 1975
69PPresumptions of parentage arising from marriage
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69P Presumptions of parentage arising from marriage
(1) If a child is born to a woman while she is married, the child is presumed to be a child of the woman and her husband. (2) If: (a) at a particular time: (i) a marriage to which a woman is a party is ended by death; or (ii) a purported marriage to which a woman is a party is annulled; and (b) a child is born to the woman within 44 weeks after that time; the child is presumed to be a child of the woman and the husband or purported husband. (3) If: (a) the parties to a marriage separated at any time; and (b) after the separation, they resumed cohabitation on one occasion; and (c) within 3 months after the resumption of cohabitation, they separated again and lived separately and apart; and (d) a child is born to the woman within 44 weeks after the end of the cohabitation, but after the divorce of the parties; the child is presumed to be a child of the woman and the husband.