There is a long list of criteria required to determine whether a person is classified as a parent of a child. These criteria are outlined in section 29 of the Child Support (Assessment) Act 1989 (Cth).
In order for a person to be classified as a parent, one of the following points must apply to them:
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They must be a party to a marriage and the child must have been born to that person or to the other party to the marriage.
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The person’s name must be entered in the register of births or parentage information.
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A court has found that a person is a parent of the child or has made a finding not possible unless the person was a parent of the child and the findings have not been set aside or reversed.
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There has been an instrument executed under the law of the Commonwealth or state or prescribed overseas jurisdiction acknowledging that the person is a parent of the child.
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The child has been adopted by the person.
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The person is a man and the woman gave birth within 44 weeks after an annulled marriage.
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The person is a man and the parties to the marriage had separated, then resumed cohabitation, then separated again within 3 months, and the child was born to the woman within 44 weeks after the period of cohabitation but after the dissolution of the marriage.
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The person is a man and the child is born to a woman who cohabited with the man at any time between 44 weeks and 20 weeks before birth, and the man and woman were not married.
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The person is a parent under section 60 (ar (artificial conception) or section 60HB (surrogacy arrangements).
How can Prime Lawyers help you?
If you are not sure whether you are regarded as a parent of a child under the Child Support (Assessment) Act 1989 (Cth) the family lawyers at Prime Lawyers can assist you in determining your standing under the law and explaining your options to you in the event that you are considered a parent or are not.