189Presumptions and evidence as to future parenthood

189 Presumptions and evidence as to future parenthood (1) If, in the application of the rule against perpetuities to a disposition or in determining the right of a person to put an end to a trust or an accumulation, there arises a question that depends on the capacity of a person to procreate a child at a future time: (a) it is presumed, subject to paragraph (b), that: (i) a male person who has attained the age of 12 years can procreate a child (but not if under that age); and (ii) a female person who has attained the age of 12 years can procreate a child (but not if under that age or if she has attained the age of 55 years); but (b) in the case of a living person, evidence may be given in any proceedings to show that he or she is or will or is not or will not be capable of procreating a child at the time in question. (2) If, by virtue of subsection (1), a person is treated as incapable of procreating a child at a particular time but he or she in fact procreates a child, the Supreme Court may make the order it thinks just for placing the persons interested in the property comprised in

Law of Property Act 2000 121 a disposition as far as reasonably possible in the position they would have held if the person was treated as capable of procreating a child in applying subsection (1) to the disposition, trust or accumulation concerned. (3) Subject to an order under subsection (2), if, in proceedings relating to a disposition, a person is treated by virtue of subsection (1) as capable or incapable of procreating a child at a particular time, the person must be treated as likewise capable or incapable of procreating a child for the purpose of determining a question that might arise in the application of the rule against perpetuities to the same disposition in subsequent proceedings. (4) This section, except subsection (1)(b), has effect in relation to the possibility that a person may at any time become a parent of another person by adoption or the operation of a law, whether or not in force in the Territory.