the de facto partner shall be treated as the father of the child from the time he so accepted the child or the date of the marriage, whichever is the later.
(7) If 2 or more men are to be treated as the father of a child by virtue of one or more provisions in this section, only the man who is to be treated as the father of the child earlier in time by virtue of a provision in this section shall be treated as the father of the child, and no other man shall be treated as the father of the child by virtue of any other provision in this section.
(8) This section is subject to section 9.
Court may order de facto partner to be treated as father
8.—(1) This section shall apply only if—
- (a) no man is treated as the father of a child by virtue of any provision in section 7;
- (b) section 9 does not apply; and
- (c) there is no prior court order declaring that a man is to be treated as the father of a child under this section.
(2) Where—
- (a) a gestational mother had a de facto partner—
- (i) at the time she underwent a fertilisation procedure as a result of which she carried a child and she was not married to him at any time after the fertilisation procedure; or
- (ii) at any time after she underwent a fertilisation procedure as a result of which she carried a child and she was not married to him at any time after the fertilisation procedure; and
- (b) the child was brought about with the sperm of the de facto partner,
the court may, in its discretion and upon an application made under section 10, declare that the de facto partner shall be treated as the father of the child.
