Section 49 — Family Proceedings Act 1980: Time limit on applications for paternity orders

49 Time limit on applications for paternity orders (1) Subject to subsection (2) of this section, no application for a paternity order in respect of a child may be made after the expiration of 6 years from the birth of the child. (2) An application for a paternity order in respect of a child may be made after the expiry of the period specified in subsection (1) of this section— (a) Where at any time within the 2 years immediately preceding the making of the application, the respondent has— (i) Contributed to or made provision for the maintenance of the child; or (ii) Lived with the mother as if he were her husband or civil union partner; or (b) Where at any time before the making of the application, the respondent has admitted expressly or by implication that he is the father of the child; or (c) Where, at any time before the 1st day of July 1992, the respondent has been named as a liable parent for the purposes of sections 27I to 27ZI of the Social Security Act 1964 , and the bringing of an application for a paternity order is subsequently necessary as a consequence of the enactment of the Child Support Act 1991 . (3) For the purposes of computing any period specified in this section, no account shall be taken of any period during which the respondent is absent from New Zealand. Compare: 1968 No 62 s 48; 1971 No 59 s 8 Subsection (2)(a)(ii) was amended, as from 26 April 2005, by section 44(2) Civil Union Act 2004 (2004 No 102) by inserting the words “ or civil union partner ” after the word “ husband ” . Subsection (2)(c) was inserted, as from 1 July 1992, by section 6 Family Proceedings Amendment Act 1991 (1991 No 144). The word “ or ” in paragraph (b) was inserted without authority for consistency.