Rule relating to paternity
5D Rule relating to paternity
Where a married woman undergoes, with the consent of her husband, a fertilization procedure as a result of which she becomes pregnant:
the husband is taken to have caused the pregnancy and to be the father of a child born as a result of the pregnancy; and
in the case where the semen used in the fertilization procedure was not that of the husband, the man who produced the semen is taken not to have produced that semen and not to be the father of a child born as the result of the pregnancy.
In a proceeding in which the operation of subsection (1) is relevant, a husband's consent to the carrying out of a fertilization procedure in respect of his wife shall be presumed, but that presumption is rebuttable.
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