Victorian Consolidated Legislation

Status of Children Act 1974 - SECT 8

Evidence of paternity

8. Evidence of paternity



(1) Where the name of the father of a child is entered in the register of
births in the Register maintained under the
Births, Deaths and Marriages Registration Act 1996 in relation to the child a
certified copy of the entry purporting to be made or given under section 46 of
that Act shall be prima facie evidence that the person named as the father is
the father of the child.





(2) An instrument signed by the mother of a child and by any person
acknowledging that he is the father of the child shall, if executed as a deed
or by each of those persons in the presence of a legal practitioner, be prima
facie evidence that the person named as the father is the father of the child.



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(4) Subject to subsection (1) of section 7 a declaration made under section 10
shall for all purposes be conclusive proof of the matters to which it relates.

(5) An order made outside Victoria declaring a person to be the father of a
child, being an order described in subsection (6) or subsection (7), shall be
prima facie evidence that the person declared the father is the father of the
child.

(6) For the purposes of this section an order made outside Victoria in another
Australian State or in a Territory of the Commonwealth or in New Zealand has,
so long as it has not been rescinded under the law in force in that State or
Territory, the same effect as the like order made in Victoria.

(7) The Governor in Council may from time to time, by Order, declare that
subsection (5) applies with respect to orders made by any court or public
authority in any specified country outside Australia or by any specified court
or public authority in any such country.