Women with no partner: presumption as to status of child where donor ovum used
16 Women with no partner: presumption as to status of child where donor ovum used
If a woman who does not have a partner undergoes a procedure using a donor ovum as a result of which she becomes pregnant—
the woman is presumed, for all purposes, to have become pregnant as a result of fertilisation of an ovum produced by her and to be the mother of any child born as a result of the pregnancy; and
the man who produced the semen used in the procedure is presumed, for all purposes, not to be the father of any child born as a result of the pregnancy, whether or not the man is known to the woman; and
the woman who produced the ovum used in the procedure is presumed, for all purposes, not to be the mother of any child born as a result of the pregnancy.
A presumption of law that arises under subsection (1)—
is irrebuttable; and
prevails over—
any conflicting presumption that arises under section 8; or
any conflicting declaration made under section 10.
Pt 4 (Heading and ss 17–35) inserted by No. 76/2008 s. 147.
This Act’s bill:Second reading speech
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