Queensland Consolidated Acts

STATUS OF CHILDREN ACT 1978 - SECT 26

26 Parentage presumption arising from court finding

(1) A person is presumed to be a child’s parent if, while the person is alive—

(a) a court of the Commonwealth, a State or a prescribed overseas jurisdiction (a
"prescribed court" ) expressly finds that the person is the child’s parent; and

(b) the finding is not altered, set aside or reversed.

(2) The presumption in subsection (1) is irrebuttable.

(3) A person is presumed to have been a child’s parent if, after the person dies—

(a) a prescribed court expressly finds that the person was the child’s parent; and

(b) the finding is not altered, set aside or reversed.

(4) The presumption in subsection (3) is rebuttable.

(5) In this section, a reference to a court finding includes the following—

(a) a declaration under section 10 of this Act;

(b) an order under the Maintenance Act 1965 , section 14 or 16 ;

(c) another court declaration or order that a stated person is a stated child’s parent.