Status of Children Act 1974 (Tas)

Status of Children Act 1974

An Act to remove the legal disabilities of children born out of wedlock, and to establish parenthood of certain children [Royal Assent 14 October 1974]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1. Short title and commencement (1) This Act may be cited as the Status of Children Act 1974 . (2) This Act shall commence on a date to be fixed by proclamation.

2. Interpretation In this Act, unless the context otherwise requires – child means a son or daughter of any age; marriage includes a void marriage and a voidable marriage which has been annulled; prescribed court means a state court, a federal court, a court of a Territory, a court of another State or a court of a prescribed overseas jurisdiction.

3. All children to be of equal status (1) For all purposes of the law of the State the relationship between every person and the person's father, mother or parents (or any one of the person's father, mother or parents) shall be determined irrespective of whether the person's father, mother or parent are or have been married to each other and all other relationships shall be determined accordingly. (2) The rule of construction whereby in any instrument words of relationship signify only legitimate relationship in the absence of a contrary expression of intention is abolished. (3) For the purpose of construing any instrument the use, with reference to relationship of a person, of the words "legitimate" or "lawful" shall not, in the absence of intention to the contrary in such instrument, prevent the relationship from being determined in accordance with the provisions of subsection (1) . (4) This section shall apply in respect of every person, whether born before or after the commencement of this Act, whether born in the State or not, and whether or not the person's father, mother or either of the person's parents has ever been domiciled in the State.