New South Wales Consolidated Acts

STATUS OF CHILDREN ACT 1996 - SECT 14

14 Presumptions of parentage arising out of use of fertilisation procedures

(1) When a woman who is married to a man has undergone a fertilisation procedure as a result of which she becomes pregnant:

(a) her husband is presumed to be the father of any child born as a result of the pregnancy even if he did not provide any or all of the sperm used in the procedure, but only if he consented to the procedure, and

(b) the woman is presumed to be the mother of any child born as a result of the pregnancy even if she did not provide the ovum used in the procedure.

(1A) When a woman who is married to or who is the de facto partner of another woman has undergone a fertilisation procedure as a result of which she becomes pregnant:

(a) the other woman is presumed to be a parent of any child born as a result of the pregnancy, but only if the other woman consented to the procedure, and

(b) the woman who has become pregnant is presumed to be the mother of any child born as a result of the pregnancy even if she did not provide the ovum used in the procedure.

Note : "De facto partner" is defined in section 21C of the Interpretation Act 1987 .

(2) If a woman (whether married or unmarried) becomes pregnant by means of a fertilisation procedure using any sperm obtained from a man who is not her husband, that man is presumed not to be the father of any child born as a result of the pregnancy.

(3) If a woman (whether married or unmarried) becomes pregnant by means of a fertilisation procedure using an ovum obtained from another woman, that other woman is presumed not to be the mother of any child born as a result of the pregnancy. This subsection does not affect the presumption arising under subsection (1A) (a).

(4) Any presumption arising under subsections (1)-(3) is irrebuttable.

(5) In any proceedings in which the operation of subsection (1) is relevant, a husband's consent to the carrying out of the fertilisation procedure is presumed.

(5A) In any proceedings in which the operation of subsection (1A) is relevant, the consent of a woman to the carrying out of a fertilisation procedure that results in the pregnancy of her spouse or de facto partner is presumed.

(6) In this section:

(a) a reference to a woman who is married to a man includes a reference to a woman who is the de facto partner of a man, and

(b) a reference (however expressed) to the husband or wife of a person:

(i) is, in a case where the person is the de facto partner of a person of the opposite sex, a reference to that other person, and

(ii) does not, in that case, include a reference to the spouse (if any) to whom the person is actually married.