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This is a Bill, not an Act. For current law, see the Acts databases.


FAMILY RELATIONSHIPS (PARENTAGE PRESUMPTIONS) AMENDMENT BILL 2016

South Australia

Family Relationships (Parentage Presumptions) Amendment Bill 2015

A BILL FOR

An Act to amend the Family Relationships Act 1975


.


Contents

Part 1—Preliminary


1Short title


2Commencement


3Amendment provisions


Part 2—Amendment of Family Relationships Act 1975


4Amendment to section 10B—Application of Part


5Amendment of section 10C—Rules relating to parentage



The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Family Relationships (Parentage Presumptions) Amendment Act 2015.

2—Commencement

This Act will come into operation 3 months after the day on which it is assented to by the Governor.

3—Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Family Relationships Act 1975

4—Amendment to section 10B—Application of Part

Section 10B—after subsection (1) insert:

(2) Despite any other provision of this Part, the amendments to this Part effected by the Family Relationships (Parentage Presumptions) Amendment Act 2015


only apply in relation to a fertilisation procedure carried out after the commencement of that Act.

5—Amendment of section 10C—Rules relating to parentage

Section 10C—after subsection (3) insert:

(3a) If—

(a) a woman is living with another person (her partner) in a marriage-like relationship (whether they are of the same or opposite sex); and

(b) the woman undergoes, with the consent of her partner, a fertilisation procedure in consequence of which she becomes pregnant; and

(c) the woman and her partner elect, in accordance with the requirements prescribed by the regulations, to have the parentage of any child born as a result of the pregnancy determined in accordance with this subsection,

then, for the purposes of the law of the State, the woman's partner—

(d) will be conclusively presumed to have caused the pregnancy; and

(e) will be taken to be—

(i) in the case of a male partner—the father; or

(ii) in any other case—a co-parent,

of any child born as a result of the pregnancy.

 


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