Victorian Numbered Acts

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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 (NO. 76 OF 2008) - SECT 153

New sections 17A and 17B

After section 17 of the Births, Deaths and Marriages Registration Act 1996 insert

        " 17A     Addition of details after birth registration—registration of partner

    (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.

        17B     Birth registration of child conceived by a treatment procedure

    (1)     If a birth registration statement specifies the child was conceived by a donor treatment procedure, the Registrar must mark the words "donor conceived" against the entry about the child's birth in the Register.

    (2)     Subject to subsection (3), when the Registrar issues a certificate certifying particulars contained in an entry about the birth of a person conceived by a donor treatment procedure, the Registrar must attach an addendum to the certificate stating that further information is available about the entry.

    (3)     The Registrar must not issue the addendum referred to in subsection (2) to any person other than the person conceived by a donor treatment procedure named in the entry.

    (4)     In this section "donor treatment procedure "means a donor treatment procedure within the meaning of the Assisted Reproductive Treatment Act 2008 .".



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