10Presumptions and evidence as to future parenthood

10 Presumptions and evidence as to future parenthood

(1)  Where there arises, 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, 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 can procreate a child at the age of 12 years or over but not under that age; and

(ii) a female person can procreate a child at the age of 12 years or over but not under that age or over 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 will, or will not, be capable of procreating a child at the time in question.

(2)  Where, by virtue of subsection (1) , a person is treated as incapable of procreating a child at a particular time and he or she in fact procreates a child at that time, the Supreme Court may make such order as it thinks fit for placing the persons interested in the property comprised in a disposition, so far as may be just, in the position they would have held if subsection (1) were not applicable to the disposition, trust or accumulation concerned.

(3)  Subject to an order made under subsection (2) , where in any 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, that person is to be so treated for the purpose of any question that may arise in the application of the rule against perpetuities to the same disposition in any 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 any law, whether in force in Tasmania or not.