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Children's Act, 2005 (Act No. 38 of 2005)

Chapter 3 : Parental Responsibilities and Rights

Part 4 : Miscellaneous

36. Presumption of paternity in respect of child born out of wedlock


If in any legal proceedings in which it is necessary to prove that any particular person is the father of a child born out of wedlock it is proved that that person had sexual intercourse with the mother of the child at any time when that child could have been conceived, that person is, in the absence of evidence to the contrary which raises a reasonable doubt, presumed to be the biological father of the child.