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STATUS OF CHILDREN ACT 1974 - SECT 10E

Implantation procedures: presumption as to status of child where donor ovum used

S. 10E(1) amended by No. 63/1995
s. 170(7).

    (1)     A reference in this section to a procedure is a reference to the procedure of implanting in the womb of a woman, or otherwise transferring to the body of a woman, an embryo derived from an ovum produced by another woman, being an ovum that has been fertilized by—

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

        (b)     semen produced by a man other than the husband of the first-mentioned woman.

S. 10E(1A) inserted by No. 63/1995
s. 170(8).

    (1A)     A reference in this section to a procedure includes a reference to—

        (a)     the procedure of transferring to the body of a woman an ovum produced by another woman, including an ovum in the process of fertilisation, where that process commenced outside the body of the first-mentioned woman; and

        (b)     the procedure of transferring to the body of a woman an ovum produced by another woman and semen—

whether any semen transferred, or any semen which is used to fertilise the ovum (if any) is produced by the husband of the first-mentioned woman or by another man.

    (2)     Where a married woman, in accordance with the consent of her husband, has undergone a 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 fertilization of an ovum produced by her and to be the mother of any child born as the result of the pregnancy;

S. 10E(2)(b) amended by No. 63/1995
s. 170(9).

        (b)     the woman who produced the ovum used in the procedure or 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;

        (c)     where the semen used for the fertilization 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 the result of the pregnancy; and

        (d)     where the semen used for the fertilization 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 the result of the pregnancy; and

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

S. 10E(2)(e) inserted by No. 63/1995
s. 170(10).

        (e)     where the semen used—

              (i)     in the procedure; or

              (ii)     for the fertilisation of the ovum used in the procedure

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

S. 10E(2)(f) inserted by No. 63/1995
s. 170(10).

        (f)     where the semen used—

              (i)     in the procedure; or

              (ii)     for the fertilisation of the ovum used in the procedure

was produced by a man other than the husband of the married woman—

              (iii)     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

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

S. 10E(3) amended by No. 74/2000 s. 3(Sch. 1 item 118.2).

    (3)     A presumption of law that arises by virtue of subsection (2)—

        (a)     is irrebuttable; and

S. 10E(3)(b) substituted by No. 76/2008 s. 145.

        (b)     prevails over—

              (i)     any conflicting presumption that arises under section 8; or

              (ii)     any conflicting declaration made under section 10.

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

S. 10F inserted by No. 10069 s. 5, repealed by No. 76/2008 s. 146.

    *     *     *     *     *


Pt 3 (Heading and ss 11, 12) amended by Nos 9863 s. 2, 10069 s. 4(b), substituted as Pt 3
(Heading and ss 1116) by No. 76/2008 s. 147.

Part III—Status of children—medical procedures—women with a female partner or without a partner

S. 11 substituted by No. 76/2008 s. 147.



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