10Declaration of parentage

10 Declaration of parentage

[Section 10 Substituted by No. 42 of 1994, s. 9, Applied:01 Aug 1997]

(1)  Any of the following persons may apply to a judge in chambers for a declaration of parentage:

(a) a person who alleges that a specified person is the parent of a particular child;

(b) a person who alleges that the relationship of parent and child exists between that person and a particular child;

(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.

(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.

(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.

(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.

(5)  If a judge makes a declaration under subsection (3) , the judge may, at the same time or subsequently, make a declaration determining whether any of the requirements of section 7(1)(b) have been satisfied.

(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.

(7)  [Section 10 Subsection (7) amended by No. 58 of 1999, Sched. 1, Applied:01 Nov 2000] 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:

(a) a parent of that child;

(b) that child, if the child has attained the age of majority;