Section 69P — Family Law Act 1975 (Cth)

(1) If a child is born to a woman while she is married, the child is presumed to be a child of the woman and her husband.

(2) 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 a child of the woman and the husband or purported husband.

(3) If:

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

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

(c) within 3 months after the resumption of cohabitation, they separated again and lived separately and apart; and

(d) a child is born to the woman within 44 weeks after the end of the cohabitation, but after the divorce of the parties;

the child is presumed to be a child of the woman and the husband.

Related sections

• s 69L — Jurisdiction in relation to transferred matters under other Commonwealth laws
• s 69M — Jurisdiction is additional to other jurisdiction
• s 69N — Transfer of proceedings from courts of summary jurisdiction in certain cases
• s 69Q — Presumption of paternity arising from cohabitation
• s 69R — Presumption of parentage arising from registration of birth
• s 69S — Presumptions of parentage arising from findings of courts

Research how courts apply s 69P

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