10CPresumptions as to parenthood

### 10C Presumptions as to parenthood > *\[Section 10C Inserted by No. 122 of 1985, s. 7 \]* > > > (1)  [*\[Section 10C Subsection (1) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpd@EN) [*\[Section 10C Subsection (1) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpc@EN) [*\[Section 10C Subsection (1) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpb@EN) [*\[Section 10C Subsection (1) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpa@EN) [*\[Section 10C Subsection (1) substituted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja59@GC1@Hpa@EN) Where a woman who is married to, or in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-9999-999) , with, a man, with the consent of that man, undergoes a fertilization procedure as a result of which she becomes pregnant, the consenting man is, for the purposes of the law of the State, to be treated as if he were the father of any child born as a result of that pregnancy. > > > (1A)  [*\[Section 10C Subsection (1A) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpg@EN) [*\[Section 10C Subsection (1A) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpf@EN) [*\[Section 10C Subsection (1A) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpe@EN) [*\[Section 10C Subsection (1A) inserted by No. 73 of 2009, Sched. 1, Applied:01 Jan 2010\]*](/view/html/inforce/2010-01-01/act-2009-073#JS1@Ja2@GC1@EN) Where a woman who is married to, or in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) , with, another woman, with the consent of that other woman, undergoes a fertilization procedure as a result of which she becomes pregnant, the consenting woman is, for the purposes of the law of the State, to be treated as if she were the parent of any child born as a result of that pregnancy. > > > (1B)  [*\[Section 10C Subsection (1B) inserted by No. 73 of 2009, Sched. 1, Applied:01 Jan 2010\]*](/view/html/inforce/2010-01-01/act-2009-073#JS1@Ja2@GC1@EN) [Subsection (1A)](#GS10C@Gs1A@EN) is taken to have commenced on the day on which the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-2003-044) commenced. > > > (2)  [*\[Section 10C Subsection (2) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja59@GC1@Hpb@EN) Where a woman undergoes a fertilization procedure as a result of which she becomes pregnant, any man, not being her husband or her partner in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-9999-999) , who produced semen which was used in the fertilization procedure, shall, for the purposes of the law of the State, be treated as if he were not the father of any child born as a result of the pregnancy. > > > (3)  [*\[Section 10C Subsection (3) substituted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja59@GC1@Hpc@EN) Where a woman who is married or in a significant relationship, within the meaning of the [Relationships Act 2003](/view/html/inforce/2026-04-12/act-9999-999) , undergoes a fertilization procedure as a result of which she becomes pregnant and the ovum used for the purposes of the fertilization procedure was taken from another woman, the first-mentioned woman shall, for the purposes of the law of the State, be treated as if she were the mother of any child born as a result of that pregnancy. > > > (4)  Where a woman undergoes a fertilization procedure as a result of which she becomes pregnant, and another woman produced the ovum used for the purposes of the fertilization procedure, that other woman shall, for the purposes of the law of the State, be treated as if she were not the mother of any child born as a result of that pregnancy. > > > (5)  [*\[Section 10C Subsection (5) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hpi@EN) [*\[Section 10C Subsection (5) amended by No. 7 of 2019, s. 35, Applied:08 May 2019\]*](/view/html/inforce/2019-05-08/act-2019-007#GS35@Hph@EN) [*\[Section 10C Subsection (5) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja59@GC1@Hpe@EN) [*\[Section 10C Subsection (5) amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja59@GC1@Hpd@EN) In any proceedings in which the operation of [subsection (1)](#GS10C@Gs1@EN) or [(1A)](#GS10C@Gs1A@EN) is relevant, the consent of a spouse or other party to the significant relationship to the carrying out of a fertilization procedure shall be presumed, but that presumption is rebuttable. > > > (6)  [*\[Section 10C Subsection (6) omitted by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-045#JS1@Ja59@GC1@Hpf@EN) .  .  .  .  .  .  .  .