Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts(1) This section sets out presumptions that arise if a woman undergoes a procedure as a result of which she becomes pregnant.
(2) The woman is conclusively presumed to be the mother of any child born as a result of the pregnancy.
(3) If the ovum used in the procedure was produced by another woman, that other woman is conclusively presumed not to be the mother of any child born as a result of the pregnancy.
(4) If the woman undergoes the procedure with the consent of her domestic partner at the time of the procedure, the domestic partner is conclusively presumed to be a parent of any child born as a result of the pregnancy.
(5) If semen used in the procedure was produced by a man other than the woman's domestic partner at the time of the procedure, the man who produced the semen is conclusively presumed not to be the father of any child born as a result of the pregnancy.
(6) For subsection (4), a person is presumed to consent to the carrying out of a procedure in relation to the person's domestic partner, but the presumption is rebuttable.
(7) The presumptions set out in this section apply—
(a) whenever the pregnancy happened and whether or not it resulted from a procedure carried out in the ACT; and
(b) in relation to any child born as a result of the pregnancy, whether or not the child was born in the ACT.
(8) However, this section does not affect the vesting in possession or in interest of any property that happened before the commencement of this Act.
(9) In this section:
"procedure" means—
(a) artificial insemination; or
(b) the procedure of transferring into the uterus of a woman an embryo derived from an ovum fertilised outside her body; or
(c) any other way (whether medically assisted or not) by which a woman can become pregnant other than by having sexual intercourse with a man.