Section 69S — Family Law Act 1975: Presumptions of parentage arising from findings of courts
Text of the provision Official document
(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.
Official source: Federal Register of Legislation
Search case law on this topic
See judgments from Australian courts and tribunals with a plain-English summary and legal holding.
Explore case law →