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STATUS OF CHILDREN ACT 1974 - SECT 16

Women with no partner: presumption as to status of child where donor ovum used

    (1)     If a woman who does not have a partner 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 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; and

        (c)     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.

Pt 4 (Heading and ss 1735) inserted by No. 76/2008 s. 147.

Part IV—Status of children in surrogacy arrangements

Division 1—Preliminary

S. 17 inserted by No. 76/2008 s. 147.



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