Northern Territory Consolidated Acts

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STATUS OF CHILDREN ACT - SECT 5D

Rule relating to paternity

    (1)     Where a married woman undergoes, with the consent of her husband, a fertilization procedure as a result of which she becomes pregnant:

        (a)     the husband shall, for all purposes, be presumed to have caused the pregnancy and to be the father of a child born as a result of the pregnancy; and

        (b)     in the case where the semen used in the fertilization procedure was not that of the husband, the man who produced the semen shall, for all purposes, be presumed not to have produced that semen and not to be the father of a child born as the result of the pregnancy.

    (2)     A presumption of law that arises by virtue of subsection (1) is irrebuttable.

    (3)     In a proceeding in which the operation of subsection (1) is relevant, a husband's consent to the carrying out of a fertilization procedure in respect of his wife shall be presumed, but that presumption is rebuttable.



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