Victorian Current Acts

STATUS OF CHILDREN ACT 1974 - SECT 14

    (1)     If a woman undergoes a procedure using a donor ovum as a result of which she becomes pregnant—

        (a)     the woman is presumed, for all purposes, to have become pregnant as a result of 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's female partner is presumed, for all purposes, to be a legal parent of any child born as a result of the pregnancy if she—

              (i)     was the woman's female partner when the woman underwent the procedure as a result of which she became pregnant; and

              (ii)     consented to the procedure as a result of which the woman became pregnant; and

        (c)     the man who produced the semen used in the procedure is presumed, for all purposes, not to be the father of any child born as a result of the pregnancy, whether or not the man is known to the woman or her female partner; and

        (d)     the woman who produced the ovum used in the procedure is presumed, for all purposes, not to be the mother of any child born as a result of the pregnancy.

    (2)     A presumption of law that arises under subsection (1)—

        (a)     is irrebuttable; and

        (b)     prevails over—

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

              (ii)     any conflicting declaration made under section 10.

    (3)     In any proceedings in which the operation of subsection (1) is relevant, the woman's female partner's consent to the carrying out of the procedure in respect of the woman is presumed but that presumption is rebuttable.

S. 15 inserted by No. 76/2008 s. 147.