STATUS OF CHILDREN (ASSISTED REPRODUCTION TECHNOLOGY)
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the de facto partner shall be treated as the father of the child from the date of the birth of the child or the date of the marriage, whichever is the later.
(5) 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 not brought about with the sperm of the de facto partner,
the de facto partner shall be treated as the father of the child from the date of the birth of the child or the date of the marriage, whichever is the later, 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.
(6) 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;
- (c) the child was not brought about with the sperm of the de facto partner;
- (d) the de facto partner did not consent to the gestational mother undergoing the fertilisation procedure at the time the fertilisation procedure was carried out; and
- (e) the de facto partner has nevertheless through a course of conduct accepted the child as a child of the relationship or of the marriage, as the case may be, knowing that the child was not brought about with his sperm,
