Victorian Consolidated Legislation

Status of Children Act 1974 - SECT 10C

Artificial insemination: presumption as to status of child

10C. Artificial insemination: presumption as to status of child



(1) A reference in this section to a procedure is a reference to the
artificial insemination of a woman where the semen used for the artificial
insemination-

   (a)  was produced by a man other than her husband; or

   (b)  was a mixture of semen, part of which was produced by a man other than
        her husband and part of which was produced by her husband.

(2) Where a married woman, in accordance with the consent of her husband, has
undergone a procedure as a result of which she has become pregnant-

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

   (b)  any man, not being her husband, who produced semen used for the
        procedure shall, for all purposes, be presumed not to have caused the
        pregnancy and not to be the father of any child born as a result of
        the pregnancy.

(3) A presumption of law that arises by virtue of subsection (2)-

   (a)  is irrebuttable; and

   (b)  prevails over any conflicting presumption that arises by virtue of
        section 8 or 10.

(4) In any proceedings in which the operation of subsection (2) is relevant, a
husband's consent to the carrying out of a procedure in respect of his wife
shall be presumed, but that presumption is rebuttable.