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Law Notes Family Law Notes

Status Of Children Notes

Updated Status Of Children Notes

Family Law Notes

Family Law

Approximately 197 pages

These are comprehensive yet succinct notes. They set out the relevant legal principles, and material facts from a range of cases in order to demonstrate how those legal principles have been applied.

At the beginning of each document on each topic, there is a table of contents (hyperlinked so you can navigate easily through the document), and also an 'exam checklist', which you can use during revisions or exams to remind yourself of the key issues you have to address. I also use tables where p...

The following is a more accessible plain text extract of the PDF sample above, taken from our Family Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

FL 4 Status of Children

Table of Contents

FL 4 Status of Children 1

Status of Children Act 2

5 All children are of equal status 2

6 Construction of dispositions of property made on or after 1 July 1977 3

7 Construction of dispositions of property made before 1 July 1977 3

8 Rights of exnuptial children and their relatives on intestacy 3

Part 3 – Establishing parentage 4

Division 1 – Parentage presumptions 4

9 Presumptions of parentage arising from marriage 4

10 Presumption of paternity arising from cohabitation 4

11 Presumptions of parentage arising from registration of birth 4

12 Presumption of parentage arising from findings of courts 5

13 Presumption of parentage arising from acknowledgments 5

14 Presumptions of parentage arising out of use of fertilisation procedures 5

15 Rebuttal of parentage presumptions 6

16 Conflicting rebuttable parentage presumptions 6

17 Conflicts involving irrebuttable parentage presumptions 6

18 Parentage presumptions cannot be relied on by prosecutors 7

Division 2 – Acknowledgments of paternity 7

19 Execution of instrument of acknowledgment 7

20 Annulment of paternity acknowledgments 7

Division 3 – Declarations of parentage 7

21 Applications for declarations in the Supreme Court 7

22 Annulment of declaration of parentage 8

Division 4 – Evidence of court findings and paternity acknowledgments 9

23 Admissibility of court findings and paternity acknowledgments 9

Division 5 – Hearings under Divisions 2 and 3 9

24 Conduct of hearings 9

25 Offence: publication of identity of participants in hearing 9

Division 6 – Parentage evidence 9

26 Orders for carrying out of parentage testing procedures 9

27 Orders associated with parentage testing orders 10

28 Orders made against children under 18 years of age 10

If there’s been a surrogacy arrangement: Surrogacy Act 2010 11

5 Surrogacy arrangement--meaning 12

Part 2 – Surrogacy arrangements 12

Division 1 – Enforcement of surrogacy arrangements 13

6 Enforcement 13

7 Birth mother's surrogacy costs--meaning 13

8 Commercial surrogacy arrangements prohibited 14

9 Commercial surrogacy arrangement--meaning 14

10 Advertising of surrogacy arrangements prohibited 14

11 Geographical nexus for offences 15

Part 3 – Parentage orders 15

12 Parentage order 15

13 References to "child" 15

14 Application for parentage order 15

15 Date of surrogacy arrangement 16

16 Time within which application must be made 16

17 Independent counsellor's report 16

18 Making of parentage order by Court 17

19 Ancillary orders 17

20 Birth siblings must be kept together 17

21 Preconditions to making of parentage order 17

22 Best interests of child are paramount 18

23 Surrogacy arrangement must be altruistic 18

24 Surrogacy arrangement must be a pre-conception surrogacy arrangement 18

25 Intended parent must be single person or member of a couple 18

26 Age (must be under 18) and wishes of child must be considered 18

27 Age of birth mother (at least 25 yrs old when entering) 18

28 Age of intended parents (at least 18 yo entering) 19

29 Maturity of younger (than 25) intended parent must be demonstrated 19

30 Medical or social need for surrogacy arrangement must be demonstrated 19

31 Affected parties must consent to order 20

32 Applicant or applicants must be resident in NSW 20

33 Child must be living with applicant or applicants 20

34 Surrogacy arrangement must be in writing 20

35 Counselling must have been obtained (before entering) 20

36 Legal advice must have been obtained (before entering SA) 21

37 Information must be provided for inclusion in central register 21

38 Birth of child must be registered 21

39 General effect of order 21

40 Effect on property 22

41 Liability of trustees and legal personal representatives in relation to children 22

42 Name of child 22

43 Application for discharge of parentage order 23

44 Power of Court to discharge parentage order 23

45 Effect of discharge of parentage order 23

46 Ancillary orders 23

47 Proceedings to be heard in closed court 24

48 Right of appeal 24

49 Registrar of Births, Deaths and Marriages to be notified of order 24

50 Notice to be given to other States 24

51 Director-General of Department of Health to be notified of order 24

52 Prohibition on disclosure of information relating to surrogacy arrangements – 25pu of 12monthsimprisonment 25

53 Restricted access to court records 25

A child born illegitimate may be ‘legitimated’ in Australia by the subsequent intermarriage of his or her parents under ss 89 and 90 of the Marriage Act 1961.

Status of Children Act

5 All children are of equal status

(1) For the purposes of any law of the State by or under which the relationship between any person and the person's father and mother (or either of them) arises, that relationship and any other relationship (whether of consanguinity or affinity) between the person and another person is to be determined regardless of whether the person's parents are or have been married to each other.

(2) This section is subject to sections 6 and 7.

6 Construction of dispositions of property made on or after 1 July 1977

(1) This section applies to the following dispositions only:

(a) dispositions made inter vivos on or after 1 July 1977 (being the date on which the Children (Equality of Status) Act 1976 commenced),

(b) dispositions made by will or codicil executed before, on or after 1 July 1977 by a person who dies after that date.

(2) Unless a contrary intention appears, in any disposition to which this section applies:

(a) a reference (however expressed) to the child or children of a person includes a reference to an exnuptial child of whom that person is a parent, and

(b) a reference (however expressed) to any person or persons related to another person (other than as a parent or child) includes a reference to anyone who is so related in fact regardless that the person related in fact, or some other person through whom the relationship is traced, is or was an exnuptial child.

(3) The use of any of the following words (or of any...

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