New South Wales Consolidated Acts

STATUS OF CHILDREN ACT 1996 - SECT 8

8 Rights of exnuptial children and their relatives on intestacy

(1) This section applies to rights under the intestacy of persons dying on or after 1 July 1977.

(2) If any relative of an exnuptial child (including a parent of the child) dies intestate in respect of all or any of the relative’s real or personal property, the child (or any of the child’s issue if the child is dead) is entitled to take any interest in that property that the child (or the child’s issue) would have been entitled to take if the child’s parents had been married to each other when the child was born.

(3) If an exnuptial child dies intestate in respect of all or any of the child’s real or personal property, any relative of the child (including a parent of the child) is entitled to take any interest in that property that the relative would have been entitled to take if the parents of the child had been married to each other when the child was born.

(4) Nothing in this section affects the generality of section 5. However, this section does not (despite section 5) apply to any child who is an adopted person under an adoption order made or continued in force under the Adoption Act 2000 or under an adoption recognised in the State under Chapter 5 of that Act.