Artificial Conception Act 1985
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Reprinted under the Reprints Act 1984 as |
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at 6 June 2003 |
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Western Australia
Artificial Conception Act 1985
Contents
1.Short title1
2.Commencement1
3.Interpretation1
4.Application2
5.Rule relating to maternity2
6.Rule relating to paternity2
6A.Rule relating to parentage — same sex de facto relationships3
7.Donor of genetic material3
Notes
Compilation table5
Defined terms
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Reprinted under the Reprints Act 1984 as |
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at 6 June 2003 |
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Western Australia
Artificial Conception Act 1985
An Act relating to the status of persons conceived by artificial means and for related purposes.
This Act may be cited as the Artificial Conception Act 1985 1.
This Act shall come into operation on a day to be fixed by proclamation 1.
(1)A reference in this Act to a married woman includes a reference to a woman who is living with a man as his de facto partner.
(2)A reference (however expressed) in this Act to the husband or wife of a person —
(a)is, in a case where the person is in a de facto relationship with a person of the opposite sex, a reference to the person’s de facto partner; and
(b)does not, in that case, include a reference to the spouse (if any) to whom the person is actually married.
(3)In this Act —
artificial fertilisation procedure has the meaning given by the Human Reproductive Technology Act 1991.
[Section 3 amended: No. 3 of 2002 s. 24.]
(1)The provisions of this Act apply —
(a)in respect of an artificial fertilisation procedure carried out before or after the commencement of this Act either within or outside Western Australia; and
(b)in respect of a child born before or after the commencement of this Act either within or outside Western Australia.
(2)Nothing in this Act affects the vesting of property in possession or in interest before the commencement of this Act.
[Section 4 amended: No. 3 of 2002 s. 28.]
(1)Where a woman undergoes an artificial fertilisation procedure in consequence of which she becomes pregnant and the ovum used for the purposes of the procedure was taken from some other woman, then for the purposes of the law of the State, the pregnant woman is the mother of any child born as a result of the pregnancy.
[(2)deleted]
[Section 5 amended: No. 3 of 2002 s. 25 and 28.]
(1)Where a married woman undergoes, with the consent of her husband, an artificial fertilisation procedure in consequence of which she becomes pregnant, then for the purposes of the law of the State, the husband —
(a)shall be conclusively presumed to have caused the pregnancy; and
(b)is the father of any child born as a result of the pregnancy.
(2)In every case in which it is necessary to determine for the purposes of this section whether a husband consented to his wife undergoing an artificial fertilisation procedure, that consent shall be presumed, but the presumption is rebuttable.
[Section 6 amended: No. 3 of 2002 s. 28.]
6A.Rule relating to parentage — same sex de facto relationships
(1)Where a woman who is in a de facto relationship with another woman undergoes, with the consent of her de facto partner, an artificial fertilisation procedure in consequence of which she becomes pregnant, then for the purposes of the law of the State, the de facto partner of the pregnant woman —
(a)shall be conclusively presumed to be a parent of the unborn child; and
(b)is a parent of any child born as a result of the pregnancy.
(2)In every case in which it is necessary to determine for the purposes of this section whether a de facto partner consented to her de facto partner undergoing an artificial fertilisation procedure, that consent shall be presumed, but the presumption is rebuttable.
[Section 6A inserted: No. 3 of 2002 s. 26.]
(1)Where —
(a)a woman becomes pregnant in consequence of an artificial fertilisation procedure; and
(b)the ovum used for the purposes of the procedure was taken from some other woman,
then for the purposes of the law of the State, the woman from whom the ovum was taken is not the mother of any child born as a result of the pregnancy.
(2)Where —
(a)a woman becomes pregnant in consequence of an artificial fertilisation procedure; and
(b)a man (not being the woman's husband) produced sperm used for the purposes of the procedure,
then for the purposes of the law of the State, the man referred to in paragraph (b) —
(c)shall be conclusively presumed not to have caused the pregnancy; and
(d)is not the father of any child born as a result of the pregnancy.
[Section 7 amended: No. 73 of 1994 s. 4; No. 3 of 2002 s. 27 and 28.]
[8.Omitted under the Reprints Act 1984 s. 7(4)(e).]
[Schedule 1 omitted under the Reprints Act 1984 s. 7(4)(e).]
1This reprint is a compilation as at 6 June 2003 of the Artificial Conception Act 1985 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.
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Short title |
Number and year |
Assent |
Commencement |
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Artificial Conception Act 1985 |
14 of 1985 |
12 Apr 1985 |
1 Jul 1985 (see s. 2 and Gazette 28 Jun 1985 p. 2291) |
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Statutes (Repeals and Minor Amendments) Act 1994 s. 4 |
73 of 1994 |
9 Dec 1994 |
9 Dec 1994 (see s. 2) |
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Acts Amendment (Lesbian and Gay Law Reform) Act 2002 Pt. 4 |
3 of 2002 |
17 Apr 2002 |
21 Sep 2002 (see s. 2 and Gazette 20 Sep 2002 p. 4693) |
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Reprint 1: The Artificial Conception Act 1985 as at 6 Jun 2003 (includes amendments listed above) |
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[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined termProvision(s)
artificial fertilisation procedure3(3)