TASIn ForceAct
Status of Children Act 1974
8BPresumption of parentage arising from court findings
Start here
Get a plain-English read of 8B
Turn the raw legal text into a practical explanation grounded in Status of Children Act 1974.
### 8B Presumption of parentage arising from court findings
> [*\[Section 8B Inserted by No. 42 of 1994, s. 7, Applied:01 Aug 1997\]*](/view/html/inforce/1997-08-01/act-1994-042#GS7@EN)
>
> > (1) A person is conclusively presumed to be a parent of a particular child if –
> >
> > > > (a) during the lifetime of that person, a prescribed court has –
> > > >
> > > > > > (i) found expressly that the person is a parent of that child; or
> > > > >
> > > > > > (ii) made a finding that it could not have made unless the person was a parent of that child; and
> > >
> > > > (b) the finding has not been altered, set aside or reversed.
>
> > (2) A person is presumed to have been a parent of a particular child if –
> >
> > > > (a) after the death of that person, a prescribed court has –
> > > >
> > > > > > (i) found expressly that the person was a parent of that child; or
> > > > >
> > > > > > (ii) made a finding that it could not have made unless the person was a parent of that child; and
> > >
> > > > (b) the finding has not been altered, set aside or reversed.