Presumptions of parentage arising from findings of courts
(1) If: (a) during the lifetime of a particular person, a prescribed court (other than a court of a prescribed overseas jurisdiction) has: (i) found expressly that the person is a parent of a particular child; or (ii) made a finding that it could not have made unless the person was a parent of a particular child; and (b) the finding has not been altered, set aside or reversed; the person is conclusively presumed to be a parent of the child. (1A) If: (a) during the lifetime of a particular person, a court of a reciprocating jurisdiction within the meaning of section 110 or a jurisdiction mentioned in Schedule 4 or 4A to the regulations has: (i) found expressly that the person is a parent of a particular child; or (ii) made a finding that it could not have made unless the person was a parent of a particular child; and (b) the finding has not been altered, set aside or reversed; the person is presumed to be a parent of the child. (2) If: (a) after the death of a particular person, a prescribed court has: (i) found expressly that the person was a parent of a particular child; or (ii) made a finding that it could not have made unless the person was a parent of a particular child; and (b) the finding has not been altered, set aside or reversed; the person is presumed to have been a parent of the child. (3) In this section: prescribed court means a federal court, a court of a State or Territory or a court of a prescribed overseas jurisdiction.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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