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I would like to know which Act defines the rules about the determination of a father in Australia. I can find the rules on different websites, but not the source for which law it is.

https://www.legalaid.vic.gov.au/find-legal-answers/child-support/proving-who-dad-is

Sometimes there is disagreement as to who is the father of the child. The law says that a person is the biological father of the child if:

Which law? Which act?

Same rules here: https://www.legalaid.qld.gov.au/Find-legal-information/Relationships-and-children/Child-support-and-maintenance/Proof-of-parentage#toc-disagreements-about-who-is-the-child-s-father-2

The law says a person is the child’s biological father if:

Which law?

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  • You're citing one website from Victoria and one from Queensland, are you sure it's not different in each. If it's based on English & Welsh common law (which I think it possibly is) then it will be whoever has their name down as the father on the birth certificate.
    – GeoffAtkins
    Commented May 6, 2021 at 19:04
  • @GeoffAtkins It is almost certainly defined in a statue or regulation.
    – ohwilleke
    Commented May 6, 2021 at 19:41
  • I am not an Australian Lawyer, but as far as I can see it is definitely similar to E&W common law. Later results trump previous ones; Marriage (including same-sex marriage) -> Name on an official instrument (parent listed on birth certificate) -> Convincing a court that's not right (contesting parentage through a court with DNA tests). That's based on the 1975 Family Law Act, but it's been modified a couple of times since then, most famously in 2017.
    – GeoffAtkins
    Commented May 6, 2021 at 20:04

1 Answer 1

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The Family Law Act 1975 (Cth)

Specifically ss69P-69T create the following presumptions about paternity:

  • married to the mother
  • cohabitation with the mother
  • registered as the father
  • by finding of the court
  • by acknowledgment

These presumptions are rebuttable under the procedures spelled out in the subsequent sections.

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  • thank you very much. I have searched a lot and did not find this :-) :-) :-) :-)
    – Kenyakorn Ketsombut
    Commented May 7, 2021 at 22:34

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