Victorian Current Acts

BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT 1996 - SECT 17A

    (1)     This section applies if—

        (a)     a woman has undergone a procedure within the meaning of Part III of the Status of Children Act 1974 as a result of which she became pregnant and gave birth to a child; and

        (b)     by application of a presumption in that Part the woman's female partner is presumed to be a parent of the child; and

        (c)     the child's birth was registered before the commencement of the Assisted Reproductive Treatment Act 2008 .

    (2)     If the Register only names the mother of the child, the mother and her partner may apply to amend the Register to name the partner as a parent of the child.

    (3)     If the Register names the mother and father of the child, the Register must not be amended to name the partner as a parent of the child without a court order.

    (4)     An application under subsection (2) must be accompanied by a statutory declaration made by the woman's partner stating that she consented to the procedure that resulted in the pregnancy.

S. 17B inserted by No. 76/2008 s. 153.