Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p26
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 62589–65220

born to the woman within 10 months after the period of cohabitation but after the dissolution of the marriage;
the child shall be presumed to be a child of the marriage.

Presumption of paternity arising from cohabitation
"66q. A child born to a woman who, for a period of at least 6 months ending not more than 10 months before the birth, cohabited with a man to whom she was not married shall be presumed to be a child of that man.

Presumption of parentage arising from registration of birth
"66r. A person whose name is entered in a register of births or parentage information, kept under the law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction, as a parent of a child shall be presumed to be a parent of the child.

Presumptions of parentage arising from findings of courts
"66s. (1) Where, whether before or after the commencement of this section, an Australian court or a court of a prescribed overseas jurisdiction has found, or could reasonably be inferred to have found, during the lifetime of a man, that the man is the father of a particular child, and the finding has not been altered, set aside or reversed, the man shall be presumed to be the father of the child.
"(2) Where, whether before or after the commencement of this section, an Australian court or a court of a prescribed overseas jurisdiction has found, or could reasonably be inferred to have found, during the lifetime of a woman, that the woman is the mother of a particular child, and the finding has not been altered, set aside or reversed, the woman shall be presumed to be the mother of the child.

Presumption of paternity arising from acknowledgements
"66t. Where, under the law of the Commonwealth or of a State, Territory or prescribed overseas jurisdiction:
     (a) a man has, whether before or after the commencement of this section, executed an instrument acknowledging that he is the father of a specified child; and
     (b) the instrument has not been annulled or otherwise set aside;
the man shall be presumed to be the father of the child.

Rebuttal of presumptions etc.
"66u. (1) A presumption arising under this Division is rebuttable by proof on a balance of probabilities.

"(2) Where:
     (a) 2 or more presumptions arising under this Division are relevant in any proceedings; and
     (b) those presumptions, or some of those presumptions, conflict with each other and are not rebutted in the proceedings;
the presumption that appears to the court to be the more or most likely to be correct prevails.

"Division 8—Parentage evidence

Evidence of parentage
"66v. Where the parentage of a child is