South Australian Consolidated Acts

FAMILY RELATIONSHIPS ACT 1975 - SECT 9

9—Declaration of paternity

        (1)         Where—

            (a)         a female person alleges that a particular person is the father of her child; or

            (b)         a person alleges that the relationship of father and child exists between himself and a particular person; or

            (c)         a person whose pecuniary interests, or whose rights or obligations at law or in equity, are affected according to whether the relationship of father and child exists between two persons desires the court to determine whether the relationship of father and child exists between those persons,

that person may apply to the Court for a declaration of paternity, and if it is proved to the satisfaction of the Court that the relationship exists, the Court may make a declaration of paternity.

        (2)         A declaration may be made under this section whether or not one or both of the persons in relation to whom the declaration is sought are dead.

        (3)         The Court should not proceed to make a declaration under this section unless it is satisfied, as far as reasonably practicable, that all living persons whose interests are affected by the declaration have had the opportunity to make representations to the Court in relation to the subject matter of the proceedings.

        (4)         Where a person claims that the relationship of father and child exists between two persons, and one or both of those persons are dead at the time of the proceedings, a declaration shall not be made under this section unless the claim is supported by credible corroborative evidence.