Artificial Conception Act 1985 (WA)

Western Australia

Artificial Conception Act 1985

Reprinted under the Reprints Act 1984 as at 6 June 2003

Western Australia

Artificial Conception Act 1985 Contents[if supportFields]><span style='mso-element:field-begin'></span><span style='mso-spacerun:yes'>&#160;</span>TOC \t &#34;Heading 2,2,yScheduleHeading,2,yHeading 2,2,zHeading 2,3,zyScheduleHeading,3,zyHeading 2,3,Heading 3,4,yHeading 3,4,zHeading 3,5,zyHeading 3,5,Heading 4,6,yHeading 4,6,zHeading 4,7,zyHeading 4,7,Heading 5,8,yHeading 5,8,zHeading 5,9,zyHeading 5,9&#34; \t &#34;nHeading 2,2,nHeading 3,8&#34; \n &#34;2-7&#34; \w \* MERGEFORMAT <span style='mso-element:field-separator'></span><![endif] — Short title2 — Commencement3 — Interpretation4 — Application5 — Rule relating to maternity6 — Rule relating to paternity6A. Rule relating to parentage — same sex de facto relationships 37 — Donor of genetic materialNotesCompilation table — Compilation tableDefined terms

Reprinted under the Reprints Act 1984 as at 6 June 2003

Western Australia

Artificial Conception Act 1985

Artificial Conception Act 1985

An Act relating to the status of persons conceived by artificial means and for related purposes.

1.Short title

This Act may be cited as the Artificial Conception Act 1985 1.

2.Commencement

This Act shall come into operation on a day to be fixed by proclamation 1.

3.Interpretation

• (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.]

4.Application

• (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.]

5.Rule relating to maternity

• (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.]

6.Rule relating to paternity

• (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

• (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.]

7.Donor of genetic material

• (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).]

Notes

1          This 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.

Compilation table

Short title	Number and year	Assent	Commencement
Artificial Conception Act 1985	14 of 1985	12 Apr 1985	1 Jul 1985 (see s. 2 and Gazette 28 Jun 1985 p. 2291)
Statutes (Repeals and Minor Amendments) Act 1994 s. 4	73 of 1994	9 Dec 1994	9 Dec 1994 (see s. 2)
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)
Reprint 1: The Artificial Conception Act 1985 as at 6 Jun 2003 (includes amendments listed above)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

artificial fertilisation procedure.................................................................................. 3(3)