Status of Children Act 1996 (NSW)

Status of Children Act 1996 No 76

An Act to re-enact without any substantive changes provisions contained in the Children (Equality of Status) Act 1976 concerning the removal of legal disabilities of exnuptial children; to provide for parentage presumptions and parentage testing procedures; to repeal the Children (Equality of Status) Act 1976 and the Artificial Conception Act 1984; to amend consequentially various other Acts; and for related purposes.

Part 1 Preliminary

1 Name of Act This Act is the Status of Children Act 1996.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— Births, Deaths and Marriages Register means the Register referred to in section 43 of the Births, Deaths and Marriages Registration Act 1995. bodily sample includes any one or more of the following— (a) a blood sample, (b) a tissue sample, (c) a sperm sample, (d) any other sample of material obtained from a human body. declaration of parentage means a declaration under section 21. Director-General means the Director-General of the Department of Community Services. fertilisation procedure means— (a) the artificial insemination of a woman, or (b) the procedure of transferring to a woman's body an ovum (whether or not produced by her) fertilised outside her body, or (c) the procedure of transferring to a woman's body an ovum (whether or not produced by her) or both the ovum and sperm to enable fertilisation of the ovum to occur in her body, or (d) any other procedure for the assisted conception of children that is prescribed by the regulations. formal paternity acknowledgment means a paternity acknowledgment executed under section 19. husband includes a husband under a void or voidable marriage. married includes married under a void marriage and under a voidable marriage that has been annulled by a court. parentage testing order means an order made under section 26. parentage testing procedure means a medical procedure prescribed, or included in a class of medical procedures prescribed, by the regulations for the purposes of this definition. prescribed court means a court of any State or Territory, a federal court, or a court of a prescribed overseas jurisdiction. prescribed overseas jurisdiction means any country, or part of a country, outside Australia that is prescribed by the regulations for the purposes of the provision in which the expression is used. Registrar means the Registrar of Births, Deaths and Marriages. spouse includes a spouse under a void or voidable marriage. Supreme Court or Court means the Supreme Court of New South Wales. wife includes a wife under a void or voidable marriage. (2) A reference in this or any other Act— (a) to an exnuptial child or to a child or person born outside marriage (however expressed) is a reference to a child or person whose parents (including father and mother) were not married to each other at the time of the conception of the child or person and who have not subsequently married each other, and (b) to a child or person born in marriage or in lawful wedlock (however expressed) is a reference to a child or person whose parents (including father and mother) were married to each other at the time of the conception of the child or person or who subsequently married each other.