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StatuteFamily Proceedings Act 1980

Section 145D — Family Proceedings Act 1980: Limitations on liability as father

Text of the provision Official document

145D Limitations on liability as father (1) No person who is not married to, or in a civil union with, the mother of a child, and has never been married to, or in a civil union with, the mother, or whose marriage or civil union to the mother has been dissolved before the conception of the child, shall be liable as a father to maintain the child unless— (a) A Court has declared him to be the father of the child; or (b) A Court has appointed him to be a guardian of the child, or has declared him to be a guardian of the child, by reason of being a parent of the child; or (c) A Court has, before or at the time of making a maintenance order against him, made a paternity order against him; or (d) His name has at any time been entered pursuant to the Births and Deaths Registration Act 1951 in the Register of Births as the father of the child; or (e) He has been declared to be the father of the child by an order made in a country outside New Zealand (being an order to which this section applies pursuant to subsection (2) of this section); or (f) He has, in any proceedings before the Court, or in writing signed by him, acknowledged that he is the father of the child. (2) The Governor-General may from time to time, by Order in Council, declare that this section applies to orders made by a specific Court or public authority in a specified country outside New Zealand. (3) For the purposes of this section, the Cook Islands, Niue, and Tokelau shall be deemed to be countries outside New Zealand. Sections 145 and 146 were substituted, as from 1 July 1992, and sections 145A to 145J inserted, as from 1 July 1992, by section 21 Family Proceedings Amendment Act 1991 (1991 No 144). Subsection (1) was amended, as from 26 April 2005, by section 44(1) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union ” after the word “ marriage ” . Subsection (1) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ , or in a civil union with, ” after the words “ married to ” in both places where they appear.

Official source: legislation.govt.nz

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