5Presumption of parentage arising from marriage

### 5 Presumption of parentage arising from marriage > [*\[Section 5 Substituted by No. 42 of 1994, s. 5, Applied:01 Aug 1997\]*](/view/html/inforce/1997-08-01/act-1994-042#GS5@EN) > > > (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. > > > (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 – > > > > > > (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)  [*\[Section 5 Subsection (3) amended by No. 7 of 2019, s. 34, Applied:08 May 2019\]*](/view/html/inforce/2019-05-08/act-2019-007#GS34@Hpc@EN) 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.