Queensland Consolidated Acts

STATUS OF CHILDREN ACT 1978 - SECT 19

19 Implantation procedure—Presumption as to status where donor ovum used

(1) A reference in this section to a fertilisation procedure is a reference to the procedure of implanting in the womb of a woman—

(a) an embryo derived from an ovum produced by another woman and fertilised by—

(i) semen produced by the husband of the first-mentioned woman; or

(ii) semen produced by a man other than the husband of the first-mentioned woman; or

(b) for the purpose of fertilising an ovum inside her body, an ovum produced by another woman together with semen produced by the husband of the first-mentioned woman or by a man other than her husband.

(2) Where a married woman has undergone a fertilisation procedure as a result of which she has become pregnant—

(a) the married woman shall be presumed, for all purposes, to have become pregnant as a result of the fertilisation of an ovum produced by her and to be the mother of any child born as a result of the pregnancy; and

(b) the woman who produced the ovum from which the embryo used in the procedure was derived shall be presumed, for all purposes, not to be the mother of any child born as a result of the pregnancy; and

(c) where the semen used for the fertilisation of the ovum from which the embryo used in the procedure was derived was produced by the husband of the married woman, the husband shall be presumed, for all purposes, to be the father of any child born as a result of the pregnancy; and

(d) where the semen used for the fertilisation of the ovum from which the embryo used in the procedure was derived was produced by a man other than the husband of the married woman—

(i) the husband shall be presumed, for all purposes, to have produced the semen and to be the father of any child born as a result of the pregnancy; and

(ii) the man who produced the semen shall be presumed, for all purposes, not to have produced the semen and not to be the father of any child born as a result of the pregnancy.

(3) A presumption of law that arises by virtue of subsection (2) is irrebuttable.

(4) In any proceedings in which the operation of subsection (2) is relevant, a husband’s consent to the carrying out of a fertilisation procedure in respect of his wife shall be presumed but that presumption is rebuttable.