Victorian Consolidated Legislation

Status of Children Act 1974 - SECT 10E

Implantation procedures: presumption as to status of child where donor ovum used

10E. Implantation procedures: presumption as to status of child where donor
ovum used





(1) A reference in this section to a procedure is a reference to the procedure
of implanting in the womb of a woman, or otherwise transferring to the body of
a woman, an embryo derived from an ovum produced by another woman, being an
ovum that has been fertilized by-

   (a)  semen produced by the husband of the first-mentioned woman; or

   (b)  semen produced by a man other than the husband of the first-mentioned
        woman.

(1A) A reference in this section to a procedure includes a reference to-

   (a)  the procedure of transferring to the body of a woman an ovum produced
        by another woman, including an ovum in the process of fertilisation,
        where that process commenced outside the body of the first-mentioned
        woman; and

   (b)  the procedure of transferring to the body of a woman an ovum produced
        by another woman and semen-

whether any semen transferred, or any semen which is used to fertilise the
ovum (if any) is produced by the husband of the first-mentioned woman or by
another man.

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

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

   (c)  where the semen used for the fertilization of the ovum from which the
        embryo used in the procedure was derived was produced by the husband
        of the married woman, the husband shall be presumed, for all purposes,
        to be the father of any child born as the result of the pregnancy; and

   (d)  where the semen used for the fertilization of the ovum from which the
        embryo used in the procedure was derived was produced by a man other
        than the husband of the married woman-

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

   (ii) the man who produced the semen shall be presumed, for all purposes,
        not to have produced that semen and not to be the father of any child
        born as a result of the pregnancy.



   (e)  where the semen used-

   (i)  in the procedure; or

   (ii) for the fertilisation of the ovum used in the procedure- was produced
        by the husband of the married woman, the husband shall be presumed,
        for all purposes, to be the father of any child born as a result of
        the pregnancy; and

   (f)  where the semen used-

   (i)  in the procedure; or

   (ii) for the fertilisation of the ovum used in the procedure- was produced
        by a man other than the husband of the married woman-

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

   (iv) the man who produced the semen shall be presumed, for all purposes,
        not to have produced that semen 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.