40
CurrentLegal status of deceased parent
Part VPosthumous use of gametes—status of children
40 Legal status of deceased parent
S. 40(1) amended by No. 39/2021 s. 57.
(1)
A deceased person referred to in section 37, 38, 39 or 39A—
(a)
is to be treated in law as a parent of the child for the purpose referred to in that section; but
(b)
is not to be treated in law as a parent of the child for any other purpose.
S. 40(2) amended by No. 39/2021 s. 57.
(2)
To avoid doubt, this section does not apply in relation to a will executed by the deceased that expressly refers to a child born as a result of a procedure referred to in section 37, 38, 39 or 39A.
Pt 6 (Heading and s. 41) inserted by No. 76/2008 s. 147.
This Act’s bill:Second reading speech
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.