8
NO. 16 OF 2013
(2) Subject to subsection (7), where—
- (a) a gestational mother was married at the time she underwent a fertilisation procedure as a result of which she carried a child; and
- (b) the child was not brought about with the sperm of her husband in that marriage,
her husband in that marriage shall be treated as the father of the child from the date of the birth of the child unless it is proved that he did not consent to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out.
(3) Subject to subsection (7), where—
- (a) a gestational mother was married at the time she underwent a fertilisation procedure as a result of which she carried a child;
- (b) the child was not brought about with the sperm of her husband in that marriage;
- (c) her husband in that marriage did not consent to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out; and
- (d) her husband in that marriage has nevertheless through a course of conduct accepted the child as a child of the marriage knowing that the child was not brought about with his sperm,
her husband in that marriage shall be treated as the father of the child from the time he so accepted the child.
(4) Subject to subsection (7), where—
- (a) a gestational mother had a de facto partner at the time she underwent a fertilisation procedure as a result of which she carried a child;
- (b) the gestational mother was married to the de facto partner at any time after the fertilisation procedure; and
- (c) the child was brought about with the sperm of the de facto partner,
