10D

Implantation procedures: presumption as to status of child where donor semen used

Current

S. 10D(1) amended by No. 63/1995 s. 170(4).

(1)

A reference in this section to a procedure is a reference to the procedure of implanting in the womb of a woman, or otherwise transferring to the body of a woman, an embryo derived from an ovum produced by her and fertilized outside her body by semen produced by a man other than her husband.

S. 10D(1A) inserted by No. 63/1995 s. 170(5).

(1A)

A reference in this section to a procedure includes a reference to—

(a)

the procedure of transferring to the body of a woman, otherwise than by artificial insemination—

(i)

semen produced by a man other than her husband; or

(ii)

semen produced by a man other than her husband and an ovum produced by her; and

(b)

the procedure of transferring to the body of a woman an ovum in the process of fertilisation, if the ovum was produced by her and the process of fertilisation commenced outside her body from semen produced by a man other than her husband.

(2)

Where a married woman, in accordance with the consent of her husband, has undergone a procedure as a result of which she has become pregnant—

(a)

the husband shall be presumed, for all purposes, to have produced the semen used for the fertilization of the ovum used in the procedure and to be the father of any child born as a result of the pregnancy; and

S. 10D(2)(b) amended by No. 74/2000 s. 3(Sch. 1 item 118.1).

(b)

the man who produced the semen used for the fertilization of the ovum used in the procedure shall, for all purposes, be presumed not to have produced that semen and not to be the father of any child born as the result of the pregnancy; and

S. 10D(2)(c) inserted by No. 63/1995 s. 170(6).

(c)

the husband shall be presumed, for all purposes, to have produced the semen—

(i)

used in the procedure; or

(ii)

used for the fertilisation of the ovum used in the procedure; or

(iii)

used for the fertilisation of the ovum from which the embryo used in the procedure was derived—

and to be the father of any child born as a result of the pregnancy; and

S. 10D(2)(d) inserted by No. 63/1995 s. 170(6).

(d)

the man who produced the semen—

(i)

used in the procedure; or

(ii)

used for the fertilisation of the ovum used in the procedure; or

(iii)

used for the fertilisation of the ovum from which the embryo used in the procedure was derived—

shall, for all purposes, be presumed not to have produced that semen and not to be the father of any child born as the result of the pregnancy.

(3)

A presumption of law that arises by virtue of subsection (2)—

(a)

is irrebuttable; and

S. 10D(3)(b) substituted by No. 76/2008 s. 144.

(b)

prevails over—

(i)

any conflicting presumption that arises under section 8; or

(ii)

any conflicting declaration made under section 10.

(4)

In any proceedings in which the operation of subsection (2) is relevant, a husband's consent to the carrying out of a procedure in respect of his wife shall be presumed but that presumption is rebuttable.

S. 10E inserted by No. 10069 s. 5.

This Act’s bill:Second reading speech

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