South Australian Consolidated Acts

FAMILY AND COMMUNITY SERVICES ACT 1972 - SECT 107

107—Power of court to make order for future maintenance of child upon complaint for preliminary expenses

        (1)         Where an order for payment of, or contribution towards, preliminary expenses is made before the birth of the child to which it relates and it appears desirable to the court to provide the child with adequate means of support, the court may order the father to pay such amount as it thinks reasonable for or towards the maintenance of the child from the expiration of three months after its birth.

        (2)         An order made under subsection (1) is not enforceable under this Act and has no force or effect unless a certified copy of the registration of the birth of the child is produced to the court.

        (3)         An order made under subsection (1) does not take effect if the child to whom it relates is stillborn, or dies, or is adopted before the order would otherwise take effect.

        (4)         An order under subsection (1) must not be made requiring a person to make payments for or towards the maintenance of a child unless—

            (a)         the person has consented to the making of the order; or

            (b)         the person has been given notice of the complainant's intention to apply for the order.

        (5)         Where a certified copy of the registration of the birth of the child in relation to whom an order has been made under subsection (1) is produced to the court, a Registrar must send by post to the defendant at his usual or last-known place of residence or business notice in writing of the name of the child (if shown in the certified copy of the registration of the birth of the child) and of the date and place of birth of the child and the date on which and the place at which the first payment under the order is required to be made.