Presumption as to status of child if female partner is deceased
38 Presumption as to status of child if female partner is deceased
This section applies if—
a woman undergoes a treatment procedure in accordance with Part 5 of the Assisted Reproductive Treatment Act 2008 as a result of which she becomes pregnant; and
either of the following applies—
the ovum used in the procedure—
was produced by the woman's partner before her death; or
was collected from the woman's partner after her death; or
the embryo used in the procedure was created before the woman's partner died using an ovum produced by her.
If a woman becomes pregnant—
the woman who gave birth is the mother of any child born as a result of the pregnancy; and
the deceased is taken to be a parent of any child born as a result of the pregnancy for the sole purpose of enabling the particulars of the deceased to be entered as the particulars of the child's parent in the Register of births kept under the Births, Deaths and Marriages Registration Act 1996; and
the man who produced the semen used in the procedure, or used to create the embryo 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 or was known to the woman or the deceased.
S. 39 inserted by No. 76/2008 s. 147.
This Act’s bill:Second reading speech
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