NSWIn ForceAct
Status of Children Act 1996
9Presumptions of parentage arising from marriage
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#### 9 Presumptions of parentage arising from marriage
9 Presumptions of parentage arising from marriage
> > (1) A child born to a woman during a marriage to which she is a party is presumed to be a child of the woman and her spouse.
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> > (2) If a child is born to a woman within 44 weeks after her spouse dies, the child is presumed to be the child of the woman and her deceased spouse.
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> > (3) If a child is born to the woman within 44 weeks after a purported marriage to which the woman is a party is annulled, the child is presumed to be a child of the woman and her purported spouse.
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> > (4) If—
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> > > (a) the parties to a marriage separated at any time, and
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> > > (b) after the separation, resumed cohabitation on one occasion, and
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> > > (c) within 3 months after the resumption of cohabitation, they separated again and lived separately and apart, and
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> > > (d) a child is born to the woman within 44 weeks after the end of the cohabitation, but after the dissolution of the marriage,
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> > the child is presumed to be the child of the woman and her former spouse.
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> > (5) For the purposes of this section, a marriage is dissolved by a decree of dissolution or annulled by a decree of nullity on the making of the decree nisi.
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> **s 9:** Am 2018 No 28, Sch 2.4 \[4\].