Victorian Consolidated Legislation

Maintenance Act 1965 - SECT 27

Evidence of mother or defendant as to paternity of child

27. Evidence of mother or defendant as to paternity of child



(1) Upon the hearing of a complaint under this Part with respect to a child
whose parents were not married to each other at the time of its birth or at or
after the time of its conception the evidence of a woman that the defendant is
the father of her child or that she is pregnant by the defendant (not being
her husband) shall not be accepted without corroboration in a material
particular except in the following cases, namely-

   (a)  where the defendant is present in court during the hearing of the
        complaint and does not give evidence on oath denying that he is the
        father of the child or that she is pregnant by him; and

   (b)  where the defendant is not present in court during the hearing of the
        complaint and the court is satisfied that he was duly served
        personally with a summons to attend-

and in either such case the court may, subject to subsection (2) of section
twelve of this Act and to the next succeeding subsection, in its discretion
accept the uncorroborated evidence of the woman as sufficient evidence of the
fact that the defendant is the father of the child or that she is pregnant by
him.

(2) Upon the hearing of any complaint under this Part with respect to a child
whose parents were not married to each other at the time of its birth or at or
after the time of its conception the defendant shall not be taken to be the
father of the child of any woman nor shall any woman be taken to be pregnant
by the defendant (not being her husband) if the court is satisfied that at or
about the time of the conception of the child she had had sexual intercourse
with men other than the defendant.