SURROGACY ACT 2010 No. 2 - SECT 107 107 Insertion of new pt 3, div 2, sdiv 2A

SURROGACY ACT 2010 No. 2 - SECT 107

Part 3, division 2--

insert--

'In this subdivision--

fertilisation procedure means a procedure mentioned in sections 19C to 19E.

'This subdivision applies if a woman has a female de facto partner and undergoes a fertilisation procedure with the consent of the de facto partner.

Note--

For the meaning of de facto partner see the Acts Interpretation Act 1954, section 32DA.

'(1) A reference in this section to a fertilisation procedure is a reference to the procedure of artificial insemination.

'(2) If semen is used in a fertilisation procedure of the woman, the man who produced the semen has no rights or liabilities relating to a child born as a result of a pregnancy for which the semen has been used.

'(3) The woman's de facto partner is presumed, for all purposes, to be a parent of any child born as a result of the pregnancy.

'(1) A reference in this section to a fertilisation procedure is a reference to the procedure of implanting in the womb of a woman--

(a) an embryo derived from an ovum produced by her and fertilised outside her body by semen produced by a man who is not her husband; or

(b) for the purpose of fertilising an ovum inside her body, an ovum produced by the woman together with semen produced by a man other than her husband.

'(2) If the woman has undergone a fertilisation procedure as a result of which she has become pregnant, the man who produced the semen has no rights or liabilities relating to any child born as a result of a pregnancy for which the semen has been used.

'(3) The woman's de facto partner is presumed, for all purposes, to be a parent of any child born as a result of the pregnancy.

'(1) A reference in this section to a fertilisation procedure is a reference to the procedure of implanting in the womb of a woman--

(a) an embryo derived from an ovum produced by another woman and fertilised by semen produced by a man who is not the husband of the first-mentioned woman; or

(b) for the purpose of fertilising an ovum inside her body, an ovum produced by another woman together with semen produced by a man other than the first-mentioned woman's husband.

'(2) If a woman has undergone a fertilisation procedure as a result of which she has become pregnant--

(a) the woman is presumed, for all purposes, to have become pregnant as a result of the fertilisation of an ovum produced by her and to be the mother of any child born as a result of the pregnancy; and

(b) the other woman who produced the ovum from which the embryo used in the procedure was derived is presumed, for all purposes, not to be the mother of any child born as a result of the pregnancy.

'(3) The woman's de facto partner is presumed, for all purposes, to be a parent of the child.

'(4) Also, the man who produced the semen has no rights or liabilities relating to any child born as a result of a pregnancy for which the semen has been used.

'A presumption declared to exist under sections 19C to 19E is irrebuttable.

'(1) In any proceedings in relation to the operation of this division a de facto partner's consent mentioned in section 19B must be presumed unless the contrary is proved.

'(2) The presumption is rebuttable.'.