5Presumption of parentage arising from marriage

5 Presumption of parentage arising from marriage

[Section 5 Substituted by No. 42 of 1994, s. 5, Applied:01 Aug 1997]

(1)  [Section 5 Subsection (1) amended by No. 7 of 2019, s. 34, Applied:08 May 2019] A child who is born to a woman while she is married is presumed to be the child of the woman and her spouse.

(2)  [Section 5 Subsection (2) amended by No. 7 of 2019, s. 34, Applied:08 May 2019] 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 the child of the woman and her deceased spouse or purported spouse.

(3)  [Section 5 Subsection (3) amended by No. 7 of 2019, s. 34, Applied:08 May 2019] If –

(a) the parties to a marriage separate at any time; and

(b) after the separation they resumed cohabitation on at least one occasion; and

(c) within 3 months after resuming cohabitation they separated again and lived separately and apart; and

(d) a child is born to the woman within 44 weeks after the cohabitation ends but after the dissolution of the marriage –

the child is presumed to be the child of the woman and the former spouse.