Victorian Current Acts

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STATUS OF CHILDREN ACT 1974 - SECT 37

Presumption as to status of child if male partner is deceased

    (1)     This section applies if—

        (a)     a woman undergoes a treatment procedure in accordance with Part 5 of the Assisted Reproductive Treatment Act 2008 as a result of which she becomes pregnant; and

        (b)     either of the following applies—

              (i)     the semen used in the procedure—

    (A)     was produced by the woman's partner before his death; or

    (B)     was collected from the woman's partner after his death; or

              (ii)     the embryo used in the procedure was created before the woman's partner died using sperm produced by him.

    (2)     If a woman becomes pregnant—

        (a)     the woman who gave birth is the mother of any child born as a result of the pregnancy; and

        (b)     her partner is taken to be the father of any child born as a result of the pregnancy for the sole purpose of enabling the particulars of the deceased to be entered as the particulars of the child's parent in the Register of births kept under the Births, Deaths and Marriages Registration Act 1996 ; and

        (c)     if a donor ovum, or an embryo created from a donor ovum, was used in the procedure, the woman who produced the ovum is presumed, for all purposes, not to be a parent of any child born as a result of the pregnancy.

S. 38 inserted by No. 76/2008 s. 147.



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