What does Section 19B of the Federal Constitution presume about abandoned newborns?

Question

Accepted Answer

Section 19B of the Federal Constitution Presumes Abandoned Newborns Were Born to a Permanently Resident Mother

Section 19B of Part III of the Second Schedule of the Federal Constitution establishes a presumption for newborn children found abandoned in any location. This provision dictates that such a child is presumed to have been born in that place to a mother who is permanently resident there, unless evidence to the contrary is presented. The date on which the child is discovered is legally considered their date of birth for all relevant purposes.
Presumption of Permanent Residency for the Mother

The Federal Court has interpreted Section 19B to encompass newborn children who are left and subsequently discovered in a location without any identifiable biological parents. This interpretation is crucial in preventing such children from becoming stateless. The court affirmed that the phrase "found exposed" should be understood in its broadest sense, which includes a scenario where a child is abandoned at the place of birth by a birth mother whose identity remains unknown.
Application in Cases of Abandonment

In specific cases, such as that of child C, who was found abandoned at the hospital where he was born, Section 19B applies directly. This means that the child is presumed to have been born to a mother who was permanently residing at the hospital. This presumption, when read in conjunction with other constitutional provisions, can lead to the child being recognised as a citizen by operation of law.
Purpose of Preventing Statelessness

The underlying purpose of Section 19B is to address the harsh realities faced by abandoned newborns and to prevent them from falling into statelessness. The provision aims to provide a clear legal pathway to citizenship for children whose origins are unknown. The Federal Court has emphasized that a narrow interpretation of "exposed" would undermine this fundamental objective of the constitution.

Reading history

Hide →

This history is cleared when the page is closed.

What does Section 19B of the Federal Constitution presume about abandoned newborns?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends