the family law act define children who born as a result of articial conception
There is no definition of parent in the Family Law Act but the law does define children who are born as a result of artificial conception. The two types of assisted reproductive technology (ART) are the following:
- Artificial insemination of a woman with a donor sperm by means other than through sexual intercourse; and
- Implanting an embryo or donor egg by means of in vitro fertilization techniques (IVF)
State and Territory laws regulate the procedures for artificial conception because the Commonwealth does not have power under the Constitution to legislate about these matters. Under State and Territory laws, the woman who bears and gives birth to a child, regardless of whether it was her ovum from which the child was derived, is recognized as the mother of the child. The woman’s husband or de facto partner is recognized as the father of the child regardless of whether it was his sperm that fertilized the ovum provided that he consented to the procedure and the child is born under a prescribed law of the Commonwealth, State or Territory.
All States except for Queensland and South Australia create the presumption of parentage where two women in a de facto relationship are presumed to be the parents of a child who was born to one of the women through ART. This presumption applies provided that the other woman in the de facto relationship (the one who did not undergo ART) consented to the procedure and the child is born under a prescribed law of the Commonwealth, State or Territory. Both of the women must be indicated as the child’s parents in the birth certificate.
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Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.