ACTS AMENDMENT (LESBIAN AND GAY LAW REFORM) ACT 2002 (NO. 3 OF 2002) - SECT 26
ACTS AMENDMENT (LESBIAN AND GAY LAW REFORM) ACT 2002 (NO. 3 OF 2002) - SECT 26
26 . Section 6A inserted
After section 6
the following section is inserted —
“
6A. Rule relating to
parentage — same sex de facto relationships
(1) Where a woman who
is in a de facto relationship with another woman undergoes, with the consent
of her de facto partner, an artificial fertilisation procedure in
consequence of which she becomes pregnant, then for the purposes of the law of
the State, the de facto partner of the pregnant woman —
(a)
shall be conclusively presumed to be a parent of the unborn child; and
(b) is a
parent of any child born as a result of the pregnancy.
(2) In every case in
which it is necessary to determine for the purposes of this section whether a
de facto partner consented to her de facto partner undergoing an
artificial fertilisation procedure, that consent shall be presumed, but the
presumption is rebuttable.
”.