Implantation procedure—Presumption as to status where donor ovum used
19E Implantation procedure—Presumption as to status where donor ovum used
A reference in this section to a fertilisation procedure is a reference to the procedure of implanting in the womb of a woman—
an embryo derived from an ovum produced by another woman and fertilised by semen produced by a man who is not the husband of the first-mentioned woman; or
for the purpose of fertilising an ovum inside her body, an ovum produced by another woman together with semen produced by a man other than the first-mentioned woman’s husband.
If a woman has undergone a fertilisation procedure as a result of which she has become pregnant—
the woman is presumed, for all purposes, to have become pregnant as a result of the fertilisation of an ovum produced by her and to be the mother of any child born as a result of the pregnancy; and
the other woman who produced the ovum from which the embryo used in the procedure was derived is presumed, for all purposes, not to be the mother of any child born as a result of the pregnancy.
The woman’s de facto partner is presumed, for all purposes, to be a parent of the child.
Also, 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.
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