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s 19D

Implantation procedure—Presumption as to status where donor semen used

In force
Part 3Parentage of children
Division 2Parentage presumptions of children conceived by fertilisation procedures
Subdivision 2AFertilisation procedures—women with female de facto partner’s consent

19D Implantation procedure—Presumption as to status where donor semen used

(1)

A reference in this section to a fertilisation procedure is a reference to the procedure of implanting in the womb of a woman—

(a)

an embryo derived from an ovum produced by her and fertilised outside her body by semen produced by a man who is not her husband; or

(b)

for the purpose of fertilising an ovum inside her body, an ovum produced by the woman together with semen produced by a man other than her husband.

(2)

If the woman has undergone a fertilisation procedure as a result of which she has become pregnant, the man who produced the semen has no rights or liabilities relating to any child born as a result of a pregnancy for which the semen has been used.

(3)

The woman’s de facto partner is presumed, for all purposes, to be a parent of any child born as a result of the pregnancy.

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