Victorian Consolidated Legislation

Status of Children Act 1974 - SECT 10

Application to Supreme Court for declaration of paternity

10. Application to Supreme Court for declaration of paternity



(1) Any person who-

   (a)  being a woman-alleges that any named person is the father of her
        child;

   (b)  alleges that the relationship of father and child exists between
        himself and any other named person; or



   (c)  being a person having a proper interest in the result-wishes to have a
        determination whether the relationship of father and child exists
        between two named persons-

may apply to the Supreme 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 whether or not the father or the child or
both of them are living or dead.

(2) Where a declaration is made under subsection (1) after the death of the
father or of the child the Court may at the same or any subsequent time make a
declaration determining, for the purposes of paragraph (b) in subsection (1)
of section 7, whether any of the requirements of that paragraph have been
satisfied.

(3) Where a declaration has been made under subsection (1) and it appears to
the Court that new facts or circumstances have arisen that have not previously
been disclosed to a Court and could not by the exercise of reasonable
diligence have previously been known the Court may revoke the declaration
which shall thereupon cease to have any force or effect.

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