14Presumptions of parentage arising out of use of fertilisation procedures

#### 14 Presumptions of parentage arising out of use of fertilisation procedures 14 Presumptions of parentage arising out of use of fertilisation procedures > > (1) When a woman who is married to a man has undergone a fertilisation procedure as a result of which she becomes pregnant— > > > > > (a) her husband is presumed to be the father of any child born as a result of the pregnancy even if he did not provide any or all of the sperm used in the procedure, but only if he consented to the procedure, and > > > > > (b) the woman is presumed to be the mother of any child born as a result of the pregnancy even if she did not provide the ovum used in the procedure. > > > (1A) When a woman who is married to or who is the de facto partner of another woman has undergone a fertilisation procedure as a result of which she becomes pregnant— > > > > > (a) the other woman is presumed to be a parent of any child born as a result of the pregnancy, but only if the other woman consented to the procedure, and > > > > > (b) the woman who has become pregnant is presumed to be the mother of any child born as a result of the pregnancy even if she did not provide the ovum used in the procedure. > > > > Note. > > > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > > (2) If a woman (whether married or unmarried) becomes pregnant by means of a fertilisation procedure using any sperm obtained from a man who is not her husband, that man is presumed not to be the father of any child born as a result of the pregnancy. > > > (3) If a woman (whether married or unmarried) becomes pregnant by means of a fertilisation procedure using an ovum obtained from another woman, that other woman is presumed not to be the mother of any child born as a result of the pregnancy. This subsection does not affect the presumption arising under subsection (1A) (a). > > > (4) Any presumption arising under subsections (1)–(3) is irrebuttable. > > > (5) In any proceedings in which the operation of subsection (1) is relevant, a husband’s consent to the carrying out of the fertilisation procedure is presumed. > > > (5A) In any proceedings in which the operation of subsection (1A) is relevant, the consent of a woman to the carrying out of a fertilisation procedure that results in the pregnancy of her spouse or de facto partner is presumed. > > > (6) In this section— > > > > > (a) a reference to a woman who is married to a man includes a reference to a woman who is the de facto partner of a man, and > > > > > (b) a reference (however expressed) to the husband or wife of a person— > > > > > > > (i) is, in a case where the person is the de facto partner of a person of the opposite sex, a reference to that other person, and > > > > > > > (ii) does not, in that case, include a reference to the spouse (if any) to whom the person is actually married. > > > (7) (Repealed) > > **s 14:** Am 1997 No 147, Sch 1.25 \[1\] \[2\]; 2008 No 23, Sch 2 \[1\]–\[6\]; 2010 No 19, Sch 3.104 \[1\]–\[4\]; 2018 No 28, Sch 2.4 \[5\]–\[7\].