FAMILY RELATIONSHIPS ACT 1975 - SECT 9
FAMILY RELATIONSHIPS ACT 1975 - SECT 9
(1) Where—
(a) a
female person alleges that a particular person is the father or co-parent of
her child; or
(b) a
person alleges that the relationship of father or co-parent and child exists
between that person and another 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 or
co-parent and child exists between two persons desires the court to determine
whether such relationship exists between those persons,
that person may apply to the Court for a declaration of parentage, and if it
is proved to the satisfaction of the Court that the relationship exists, the
Court may make such a declaration.
(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 or co-parent 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.