Victorian Current Acts
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STATUS OF CHILDREN ACT 1974
TABLE OF PROVISIONS
Long Title
PART I--PRELIMINARY
1. Short title and commencement
2. Definitions
3. All children to be of equal status
4. Instruments executed before commencement
5. Presumptions as to parenthood
6. Protection of executors, administrators and trustees
7. Recognition of paternity
8. Evidence of parentage
9. Instruments may be filed with Registrar of Births, Deaths and Marriages
10. Application to Supreme Court for declaration of parentage
PART II--STATUS OF CHILDREN--MEDICAL PROCEDURES--WOMEN WITH A MALE PARTNER
10A. Interpretation
10B. Application of Part
10C. Artificial insemination: presumption as to status of child
10D. Implantation procedures: presumption as to status of child where donor semen used
10E. Implantation procedures: presumption as to status of child where donor ovum used
PART III--STATUS OF CHILDREN--MEDICAL PROCEDURES--WOMEN WITH A FEMALE PARTNER OR WITHOUT A PARTNER
11. Interpretation
12. Application of Part
13. Women with a female partner: presumption as to status of child
14. Women with a female partner: presumption as to status of child where donor ovum used
15. Women with no partner: presumption as to status of child
16. Women with no partner: presumption as to status of child where donor ovum used
PART IV--STATUS OF CHILDREN IN SURROGACY ARRANGEMENTS
Division 1--Preliminary
17. Interpretation
18. Jurisdiction of courts
19. Surrogacy arrangements—presumption as to status of child
Division 2--Substitute parentage orders
Subdivision 1--Making
substitute parentage orders
20. Application for a substitute parentage order
22. Court may make substitute parentage order
22A. Registrar of Births, Deaths and Marriages must notify Australian State or Territory registering authority of orders
23. Additional requirements for surrogacy arrangements without assistance of registered ART provider
24. Circumstances in which consent not required
25. Ancillary orders
26. Effect of substitute parentage order
Subdivision 2--Discharge
of substitute parentage orders
27. Who may apply for discharge of substitute parentage order
28. Court may order discharge of substitute parentage order
29. Effect of discharge of a substitute parentage order
Division 2A--Registration orders
29A. What is a registration order?
29B. Application for a registration order
29C. Applicant must give notice of hearing
29D. Secretary of the Department of Justice has standing to appear at hearing
29E. Court may make registration order
29F. Circumstances in which consent to registration order not required
29G. Application to revoke registration order
29H. Court may revoke registration order
29I. Notification of discharged corresponding surrogacy parentage order
Division 2B--Appeals
30. Appeals
Division 3--Proceedings under this Part
31. Registrar of Births, Deaths and Marriages to receive copy of orders
32. Proceedings to be heard in closed court
33. Restrictions on publication of proceedings
34. Access to court records
35. Access to court records if person deceased or cannot be found
PART V--POSTHUMOUS USE OF GAMETES--STATUS OF CHILDREN
36. Definitions
37. Presumption as to status of child if male partner is deceased
38. Presumption as to status of child if female partner is deceased
39. Presumption as to status of child if female partner is deceased—surrogacy arrangements
39A. Presumption as to status of child if male partner is deceased—surrogacy arrangements
40. Legal status of deceased parent
PART VI--GENERAL
41. Regulations
PART VII--TRANSITIONAL PROVISIONS--ASSISTED REPRODUCTIVE TREATMENT ACT 2008
42. Definition
43. Transitional—Definitions
44. Transitional—Repeal of section 10F
45. Transitional—Application of Part III
46. Transitional—Application of Part IV
47. Transitional—Application of Part V
PART VIII--TRANSITIONAL PROVISIONS--JUSTICE LEGISLATION AMENDMENT (SUCCESSION AND SURROGACY) ACT 2014
48. Registration orders—application to surrogacy arrangements before commencement of Part
PART IX--TRANSITIONAL PROVISIONS--ASSISTED REPRODUCTIVE TREATMENT AMENDMENT (CONSENT) ACT 2019
49. Transitional provisions—Assisted Reproductive Treatment Amendment (Consent) Act 2019
ENDNOTES
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