South Australian Consolidated Acts South Australian Consolidated Acts109—Liability of persons admitting sexual intercourse with mother of
child
(1) If on the hearing
of any complaint in respect of any affiliation case it is proved to the
satisfaction of the court that the defendant, or any other male person over
the age, or apparently over the age, of 18 years had sexual intercourse with
the mother of the child at any time so that, in the opinion of the court, the
defendant or other male person may possibly be the father of the child, the
court may, upon the hearing (and, in the case of a male person other than the
defendant, without the necessity of any complaint against that person) make an
order against the defendant or other male person for contribution towards the
preliminary expenses in respect of the mother's confinement and also, if the
court thinks fit, towards the maintenance of the child.
(2) No order may be
made under subsection (1) unless the male person has been given the
opportunity of being heard by the court in respect of the making of the order.
(3) An order or orders
may be made under subsection (1) against any number of male persons as
provided in that subsection.
(4) An order made
pursuant to this section may be enforced and all further proceedings in
relation to the order may be taken as if it were an order made against a
near relative of the child for the payment of money for the maintenance of the
child.
(5) In every case
where a complaint is made to the court for the making of an order under this
section and the complaint is dismissed by the court, a memorandum of dismissal
must then be made by the court.
(6) The court will not
make an order under this section if it is satisfied that at the time of the
conception of the child, the mother was a common prostitute.