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Presumptions of paternity and non-paternity.
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46.—(1) Where a woman gives birth to a child—
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(a) during a subsisting marriage to which she is a party, or
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(b) within the period of ten months after the termination, by death or otherwise, of a marriage to which she is a party,
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then the husband of the marriage shall be presumed to be the father of the child unless the contrary is proved on the balance of probabilities.
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(2) Notwithstanding subsection (1) of this section, where a married woman, being a woman who is living apart from her husband under—
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(a) a decree of divorce a mensa et thoro, or
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(b) a deed of separation,
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gives birth to a child more than ten months after the decree was granted or the deed was executed, as the case may be, then her husband shall be presumed not to be the father of the child unless the contrary is proved on the balance of probabilities.
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(3) Notwithstanding subsection (1) of this section, where—
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(a) the birth of a child is registered in a register maintained under the Births and Deaths Registration Acts, 1863 to 1987, and
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(b) the name of a person is entered as the father of the child on the register so maintained,
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then the person whose name is so entered shall be presumed to be the father of the child unless the contrary is proved on the balance of probabilities.
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(4) For the purposes of subsection (1) of this section “subsisting marriage” shall be construed as including a voidable marriage and the expression “the termination, by death or otherwise, of a marriage” shall be construed as including the annulment of a voidable marriage.
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