Queensland Consolidated Acts

STATUS OF CHILDREN ACT 1978 - SECT 24

24 Parentage presumptions arising from marriage

(1) A child born to a woman while she is married is presumed to be the child of the woman and her husband.

(2) If a child is born to a woman within 44 weeks after her husband dies, the child is presumed to be the child of the woman and her deceased husband.

(3) If a child is born to a woman within 44 weeks after her purported marriage is annulled, the child is presumed to be the child of the woman and her purported husband.

(4) A child is presumed to be the child of a woman and her former husband if—

(a) when they are married, they separate, resume cohabitation on a single occasion and, within 3 months after resuming cohabitation, separate again and live separately and apart; and

(b) after the dissolution of the marriage, but within 44 weeks after the cohabitation ends, the child is born to the woman.

(5) A presumption under this section is rebuttable.