Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) This section sets out presumptions that arise if a person undergoes a procedure as a result of which the person becomes pregnant.
(2) The person is conclusively presumed to be a parent of any child born as a result of the pregnancy.
(3) If the ovum used in the procedure was produced by another person other than the person's domestic partner at the time of the procedure, the person who produced the ovum is conclusively presumed not to be a parent of any child born as a result of the pregnancy.
(4) If semen used in the procedure was produced by another person other than the person's domestic partner at the time of the procedure, the person who produced the semen is conclusively presumed not to be a parent of any child born as a result of the pregnancy.
(5) If the person undergoes the procedure with the consent of the person's domestic partner at the time of the procedure, the domestic partner is conclusively presumed to be a parent of any child born as a result of the pregnancy.
(6) For subsection (5), a person is presumed to consent to the carrying out of a procedure in relation to the person's domestic partner, but the presumption is rebuttable.
(7) The presumptions set out in this section apply—
(a) whenever the pregnancy happened and whether or not it resulted from a procedure carried out in the ACT; and
(b) in relation to any child born as a result of the pregnancy, whether or not the child was born in the ACT.
(8) However, this section does not affect the vesting in possession or in interest of any property that happened before the commencement of this Act.
(9) In this section:
"procedure" means—
(a) artificial insemination; or
(b) a clinical process to transfer into the uterus of a person an embryo derived from an ovum fertilised outside the person's body; or
(c) any other way (whether medically assisted or not) by which a person can become pregnant other than by having sexual intercourse with a person.