Victorian Consolidated Legislation

Status of Children Act 1974 - SECT 7

Recognition of paternity

7. Recognition of paternity



(1) The relationship of father and child and any other relationship traced in
any degree through that relationship shall, for any purpose related to
succession to property or to the construction of any will or testamentary
disposition or of any instrument creating a trust or for the purpose of a
claim under Part IV of the Administration and Probate Act 1958, be recognized
only if-

   (a)  the father and the mother of the child were married to each other at
        the time of its conception or at some subsequent time; or

   (b)  paternity has been admitted (expressly or by implication) by or
        established against the father in his lifetime and, if the father is a
        beneficiary of the child, paternity has been so admitted or
        established while the child was living.

(2) In any case where by reason of the provisions of subsection (1) the
relationship of father and child is not recognized at the time the child is
born the occurrence of any act, event, or conduct which enables that
relationship and any other relationship traced in any degree through it to be
recognized shall not affect any estate right or interest in any real or
personal property to which any person has become absolutely entitled, whether
beneficially or otherwise, before the act, event, or conduct occurred.