FAMILY RELATIONSHIPS ACT 1975 - SECT 10EA
FAMILY RELATIONSHIPS ACT 1975 - SECT 10EA
10EA—Court order relating to paternity
(1) This section
applies to a child if—
(a) the
child is domiciled in this State; and
(b) the
child was conceived as a result of a fertilisation procedure carried out in
this State; and
(c) 1 or
more of the following applies:
(i)
the paternity of the child is not able to be determined
by the operation of section 10C;
(ii)
the operation of section 10C(4) does not reflect the
wishes of both the provider of the sperm used for the purposes of the
fertility procedure
(the "sperm provider") and the mother of the child;
(iii)
the fertility procedure was carried out in any other
circumstances brought within the ambit of this paragraph by the regulations.
(2) The Court may, in
relation to a child to which this section applies and on the application of
the sperm provider in respect of the child, make an order under this section.
(3) However, the Court
must not make an order under this section unless satisfied that both the
mother and the sperm provider freely, and with a full understanding of what is
involved, agree to the making of the order.
(4) The Court must, in
deciding whether to make an order under this section, regard the welfare of
the child as the paramount consideration.
(5) In deciding
whether to make an order under this section, the Court may take into account
anything it considers relevant.
(6) If the Court makes
an order under this section, the effect of the order will be as follows:
(a) for
the purposes of the law of the State, the person specified by the Court—
(i)
will be conclusively presumed to have caused the
pregnancy; and
(ii)
will be taken to be the father of any child born as a
result of the pregnancy;
(b) the
relationships of all other persons to the child will be determined according
to the operation and effect of paragraph (a).
(7) If the Court makes
an order under this section, the Court may make any other ancillary order the
Court thinks fit.
(7a) This section does
not apply in relation to a child born as a result of a lawful surrogacy
agreement under the Surrogacy Act 2019 (whether or not an order under
section 18 of that Act has been, or could be, made in respect of the
parentage of the child).
(8) In this
section—
"Court" means the Youth Court of South Australia constituted of the Judge of
the Court or a magistrate.