Queensland Consolidated Acts

STATUS OF CHILDREN ACT 1978 - SECT 10

10 Declaration of parentage

(1) A person who—

(a) alleges that any named person is the parent of her child; or

(b) alleges that the relationship of parent and child exists between the person and another named person; or

(c) having a proper interest in the result, wishes to have determined the question whether the relationship of parent and child exists between 2 named persons;

may apply to the Supreme Court for a declaration of parentage and the Supreme Court may, if it is proved to its satisfaction that the relationship exists, make the declaration whether the parent or the child or both of them are living or dead.

(2) Where a declaration is made under subsection (1) after the death of the parent or child, the Court may at the same or a subsequent time make a declaration determining for the purposes of section 8 (2) whether any and if so which of the requirements of section 8 (1) (b) have been satisfied.

(3) Where a declaration is made under subsection (1) and it is made to appear to the Court that new facts or circumstances have arisen that have not previously been disclosed to the Court and could not by the exercise of reasonable diligence have previously been known or if for any other reason the Court thinks it desirable so to do, the Court may revoke the declaration and thereupon that declaration shall cease to have any force or effect.

(4) The Court shall not make or revoke a declaration under this section unless the Court is satisfied that, so far as is reasonably practicable, all persons whose interests are or may be affected by the declaration or revocation are represented before or have been given the opportunity of making representations to the Court upon the subject matter of the proceedings.

(5) For a criminal proceeding, a declaration having effect under this section is conclusive evidence of the matters contained in it, unless the contrary is established.