Status of Children Act 1969

1: Short Title and commencement
1: This Act may be cited as the Status of Children Act 1969.
2: This Act shall come into force on 1 January 1970.
2: Interpretation
For the purposes of this Act (except the Schedule marriage married
1: Status of children generally
Part 1 heading inserted 1 July 2005 section 4 Status of Children Amendment Act 2004 Children of equal status whether or not parents are or have been married to each other Heading inserted 1 July 2005 section 4 Status of Children Amendment Act 2004
2A: Purpose of sections 3 and 4
The purpose of sections 3 4 Section 2A inserted 1 July 2005 section 4 Status of Children Amendment Act 2004
3: All children of equal status
1: For all the purposes of the law of New Zealand the relationship between every person and his father and mother shall be determined irrespective of whether the father and mother are or have been married to each other, and all other relationships shall be determined accordingly.
2: The rule of construction whereby in any instrument words of relationship signify only legitimate relationship in the absence of a contrary expression of intention is abolished.
3: For the purpose of construing any instrument, the use, with reference to a relationship, of the words legitimate or lawful shall not of itself prevent the relationship from being determined in accordance with subsection (1).
4: This section shall apply in respect of every person, whether born before or after the commencement of this Act, and whether born in New Zealand or not, and whether or not his father or mother has ever been domiciled in New Zealand. Prior instruments and intestacies Heading inserted 1 July 2005 section 5 Status of Children Amendment Act 2004
4: Instruments executed and intestacies which take place before the commencement of this Act
1: All instruments executed before the commencement of this Act shall be governed by the enactments and the rules of construction and law which would have applied to them if this Act had not been passed.
2: Where any instrument to which subsection (1) applies creates a special power of appointment, nothing in this Act shall extend the class of persons in whose favour the appointment may be made, or cause the exercise of the power to be construed so as to include any person who is not a member of that class.
3: The estates of all persons who have died intestate as to the whole or any part thereof before the commencement of this Act shall be distributed in accordance with the enactments and rules of law which would have applied to them if this Act had not been passed. Presumptions as to parenthood Heading inserted 1 July 2005 section 6 Status of Children Amendment Act 2004
5: Presumptions as to parenthood
1: A child born to a woman during her marriage, or within 10 months after the marriage has been dissolved by death or otherwise, shall, in the absence of evidence to the contrary, be presumed to be the child of its mother and her husband, or former husband, as the case may be.
2: Every question of fact that arises in applying subsection (1) shall be decided on a balance of probabilities.
3: This section shall apply in respect of every child, whether born before or after the commencement of this Act, and whether born in New Zealand or not, and whether or not his father or mother has ever been domiciled in New Zealand. Section 5(2) inserted 12 December 1983 Status of Children Amendment Act 1983 Section 5(3) inserted 12 December 1983 Status of Children Amendment Act 1983 Grant of letters of administration and distribution of estates and property held upon trust Heading inserted 1 July 2005 section 7 Status of Children Amendment Act 2004
5A: Grant of letters of administration
1: Letters of administration with or without the will annexed in respect of the estate of any deceased person or any part thereof shall not be granted to any applicant therefor unless the applicant shows—
a: that he has made reasonable inquiries to determine whether there exists (in addition to any parent or child of the deceased person already known to him) any parent or child of the deceased person who could claim an interest in the estate or part by reason only of this Act and the provisions of the enactments governing the distribution of intestate estates or the provisions of the will (such parent or child being hereafter in this section referred to as any such claimant); or
b: that no useful purpose would be served in the particular case by making the inquiries specified in paragraph (a); or
c: that the making of the inquiries specified in paragraph (a) would unduly delay the making of a grant of administration; or
d: that the getting in or preservation of the assets of the estate requires the making of an immediate grant of administration.
2: An applicant for a grant of letters of administration with or without the will annexed in respect of the estate of any deceased person or any part thereof shall be deemed to have made reasonable inquiries as to the existence of any such claimant to an interest in the estate or part if, acting in good faith, he has—
a: caused a search to be made of the register of instruments, declarations, and orders maintained by the Registrar-General pursuant to section 9
b: looked through any papers of the deceased person that have come to his notice in the course of searching for a testamentary disposition made by the deceased person, or otherwise howsoever, and ascertained whether or not the existence of any such claimant to such an interest is revealed in those papers.
3: Where subsection (1)﻿(a) applies, an applicant for a grant of letters of administration in respect of the estate of any deceased person or any part thereof shall file an affidavit saying that he has made reasonable inquiries for the purposes of the Status of Children Act 1969 as to the existence of any such claimant to an interest in the estate or part (with a brief indication of the nature of those inquiries) and (if such is the case) that he does not know of the existence of any such claimant to an interest in the estate or part.
4: Where, pursuant to this section, an applicant for letters of administration with or without the will annexed in respect of the estate of any deceased person or any part thereof complies with subsection (1), nothing in the Administration Act 1969 High Court
5: This section shall have no application in relation to any grant of administration to a trustee corporation within the meaning of section 2 Administration Act 1969 High Court
6: In this section applicant Section 5A inserted 1 October 1978 Status of Children Amendment Act 1978 Section 5A(4) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 5A(5) amended 1 April 1980 section 12 Judicature Amendment Act 1979
6: Reasonable inquiries to precede distribution
1: For the purposes of the distribution of any estate or of any property held upon trust, an executor, administrator, or trustee shall make reasonable inquiries to determine whether there exists any person (in addition to any person or persons already known to him) who could claim an interest in the estate or property by reason only of this Act and the provisions of the enactments governing the distribution of intestate estates or the provisions of the will, deed, or other document governing the distribution of the estate or property (such person being hereafter in this section and in section 6A section 6B
2: In the case of a continuing trust of income it shall be sufficient for the purposes of continuing distributions of income if reasonable inquiries as to the existence of any claimant are made before the first distribution after the commencement of this section of income under the trust.
3: Subject to subsection (2) and to subsections (3) and (4) of section 6A Section 6 replaced 1 October 1978 Status of Children Amendment Act 1978
6A: Reasonable inquiries that comply
1: An executor, administrator, or trustee shall be deemed to have made reasonable inquiries for the purposes of section 6
a: inquired about the existence of any claimant from at least 1 person whom he believes may have knowledge of the matter (except where no such person can readily be located) and obtained from that person (if he is willing to make it) a statutory declaration concerning the matter; and
b: caused a search to be made of the register of instruments, declarations, and orders maintained by the Registrar-General pursuant to section 9
c: looked through any papers that have come to his notice in the ordinary course of administration of the estate or property and ascertained whether or not the existence of any claimant is revealed in those papers; and
d: in the case of the administration of the estate of any deceased person, inquired from the solicitor (if any) last known to him to have acted for the deceased person in his lifetime whether the solicitor knows of the existence of any claimant.
2: Compliance with the requirements of section 5A(2)﻿(a)
a: compliance with the requirements of subsection (1)﻿(b) is material—
i: because a person other than a parent or child could claim; or
ii: for any other reason; or
b: a period of 3 years or more has elapsed since the requirements of section 5A(2)﻿(a)
3: It shall not be necessary for an executor, administrator, or trustee to fulfil the requirements of subsection (1)﻿(c) on more than 1 occasion in respect of the same estate or property: provided that where subsection (3) of section 6
4: It shall not be necessary for an executor, administrator, or trustee to fulfil the requirements of subsection (1)﻿(d) on more than 1 occasion in respect of the same estate. Section 6A inserted 1 October 1978 Status of Children Amendment Act 1978
6B: Protection of executors, administrators, and trustees
No action shall lie against any executor of the will or administrator or trustee of the estate of any person, or the trustee under any instrument, by any person to enforce any claim arising by reason of the executor or administrator or trustee having made any distribution of the estate or the property held upon trust disregarding the claims of any claimant where at the time of making the distribution the executor, administrator, or trustee had no notice of the relationship on which the claim is based, if he has made reasonable inquiries in accordance with such of the provisions of section 6 section 6A provided that if it appears to the court that an executor, administrator, or trustee is or may be personally liable for having failed to comply with those provisions, in whole or in part, but has acted honestly, and ought fairly to be excused for his failure, the court may relieve him either wholly or partly from personal liability for the same. Section 6B inserted 1 October 1978 Status of Children Amendment Act 1978
6C: Warning notices
1: Where an executor, administrator, or trustee is aware of the existence of any claimant or potential claimant who has not, in the opinion of the executor, administrator, or trustee, been able to establish the relationship of father and child, or any other relationship traced in any degree through that relationship, pursuant to paragraph (a) or paragraph (b) of subsection (1) of section 7 section 6D(1)
a: advising the person served of his or her right to seek to establish the relationship in question by applying to the Family Court section 10
b: warning the person served that, unless such an application to the Family Court
2: Where a person on whom such a notice has been served in accordance with subsection (1) fails to apply as aforesaid for the relevant declaration of paternity, or fails to prosecute with all due diligence an application for such a declaration that is made within the said 3 months, no action shall lie against the executor, administrator, or trustee by reason of his having thereafter made any distribution of the estate or property or any part thereof before it is shown to him that the relevant declaration of paternity has been made. Section 6C inserted 1 October 1978 Status of Children Amendment Act 1978 Section 6C(1)﻿(a) replaced 1 July 2005 section 8(1) Status of Children Amendment Act 2004 Section 6C(1)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Section 6C(1)﻿(b) amended 1 March 2017 section 261 District Court Act 2016 Section 6C(1)﻿(b) amended 1 July 2005 section 8(2) Status of Children Amendment Act 2004
6D: Service of warning notices
1: Where an executor, administrator, or trustee desires to serve a notice under section 6C(1) High Court
2: Any notice under section 6C(1)
a: either by delivering it to the person for whom it is intended or by sending it by post in a registered letter addressed to that person at his usual or last known place of abode or business; or
b: in such other manner as may be directed by an order of the High Court
3: Where a notice is sent by post as aforesaid it shall be deemed to be served at the time at which the letter would have been delivered in the ordinary course of post. Section 6D inserted 1 October 1978 Status of Children Amendment Act 1978 Section 6D(1) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Section 6D(2) amended 1 April 1980 section 12 Judicature Amendment Act 1979 Paternity Heading inserted 1 July 2005 section 9 Status of Children Amendment Act 2004
7: Recognition of paternity
1: The relationship of father and child, and any other relationship traced in any degree through that relationship shall, for any purpose related to succession to property or to the construction of any will or other testamentary disposition or of any instrument creating a trust, or for the purpose of any claim under the Family Protection Act 1955
a: the father and the mother of the child were married to each other at the time of its conception or at some subsequent time; or
b: subject to paragraph (c), paternity has been admitted (expressly or by implication) by or established against the father in his lifetime (whether before or after the birth of the child and whether by 1 or more of the types of evidence specified by section 8
c: paternity has been established by means of a declaration of paternity made under section 10
i: after the death of the father; or
ii: if that purpose is for the benefit of the father, after the death of the child.
2: In any case where by reason of subsection (1), the relationship of father and child is not recognised for certain purposes at the time the child is born, the occurrence of any act, event, or conduct that enables that relationship, and any other relationship traced in any degree through it, to be recognised shall not—
a: affect any estate, right, or interest in any real or personal property, or any part thereof, if the executor, administrator, or trustee has, by a distribution that is properly paid or applied in terms of subsection (3), placed the property or part beyond the possession and control of the executor, administrator, or trustee (in his capacity as such) to or for the benefit of other beneficiaries otherwise entitled thereto before the act, event, or conduct occurred; or
b: disturb a distribution that is properly paid or applied in terms of subsection (3): provided that, on any further distribution of the real or personal property or any part thereof after the occurrence, event, or conduct enabling the recognition of the relationship, the earlier distributions shall, so far as possible, be brought into account in determining the respective estates, rights, and interests of the persons then entitled to the property that has not been distributed.
3: For the purposes of subsection (2), a distribution shall be properly paid or applied if—
a: it is made in accordance with any trust, power, or authority which is subsisting when the distribution is made and which, irrespective of subsequent events, justifies the distribution at the time when it is made; and
b: it is made either—
i: without notice of the existence of a person who is entitled by reason only of this Act and the provisions of the enactments governing the distribution of intestate estates or the provisions of the will, deed, or other document governing the distribution of the estate or property; or
ii: after the expiration of any notice under section 6C(1) the Family Court section 10
4: No action shall lie against an executor, administrator, or trustee for any decision that he makes in applying the proviso to paragraph (b) of subsection (2) if he establishes that in making that decision he acted honestly. Section 7(1)﻿(b) replaced 1 October 1978 Status of Children Amendment Act 1978 Section 7(1)﻿(c) inserted 1 October 1978 Status of Children Amendment Act 1978 Section 7(2) replaced 1 October 1978 Status of Children Amendment Act 1978 Section 7(3) inserted 1 October 1978 Status of Children Amendment Act 1978 Section 7(3)﻿(b)﻿(ii) replaced 1 July 2005 section 10 Status of Children Amendment Act 2004 Section 7(3)﻿(b)﻿(ii) amended 1 March 2017 section 261 District Court Act 2016 Section 7(4) inserted 1 October 1978 Status of Children Amendment Act 1978
8: Evidence and proof of paternity
1: If, pursuant to—
a: any provision of the Births, Deaths, Marriages, and Relationships Registration Act 2021 or the corresponding provision of any former Act (as defined in Schedule 1
b: any provision of any law of any country to which section 141 sections 145 to 149 the name of the father of the child to whom an entry relates has been entered (whether before or after the commencement of this Act) in the child’s birth record section 141 sections 145 to 149
2: Any instrument signed by the mother of a child and by any person acknowledging that he is the father of the child shall, if executed as a deed or by each of those persons in the presence of a solicitor, be prima facie evidence that the person named as the father is the father of the child.
3: A paternity order within the meaning of the Domestic Proceedings Act 1968 (or an affiliation order under any corresponding former Act) , subject to section 52 of that Act
4: Subject to subsection (1) of section 7 section 10
5: An order made in any country outside New Zealand declaring a person to be the father of a child, being an order to which this subsection applies pursuant to subsection (6), shall be prima facie evidence that the person declared the father is the father of the child.
6: The Governor-General may from time to time, by Order in Council, declare that subsection (5) applies with respect to orders made by any court or public authority in any specified country outside New Zealand or by any specified court or public authority in any such country. For the purposes of this subsection, the Cook Islands, Niue, and Tokelau
7: An order under subsection (6) is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 8(1) replaced 19 March 1990 Status of Children Amendment Act 1990 Section 8(1) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 8(1) amended 1 August 2007 section 216 Evidence Act 2006 Section 8(1)﻿(a) replaced 1 September 1995 section 95 Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 8(1)﻿(a) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021 Section 8(1)﻿(a) amended 24 January 2009 section 47 Births, Deaths, Marriages, and Relationships Registration Amendment Act 2008 Section 8(1)﻿(b) amended 1 August 2007 section 216 Evidence Act 2006 Section 8(3) amended 1 January 1981 section 25 Evidence Amendment Act (No 2) 1980 Section 8(3) amended 8 December 1971 Status of Children Amendment Act 1971 Section 8(6) amended 9 December 1976 section 3(8) Tokelau Amendment Act 1976 Section 8(7) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
9: Instruments of acknowledgment may be filed with Registrar-General
1: Any instrument of the kind described in subsection (2) of section 8
2: The Registrar-General shall cause indexes of all instruments and duplicates and copies of instruments filed with him under subsection (1) to be made and kept in his office, and shall, upon the request of any person
a: cause a search of any index to be made:
b: permit any such person to inspect any such instrument or any such duplicate or copy:
c: issue any such person with a certified copy of—
i: any such instrument; or
ii: any such duplicate or copy:
d: issue any such person with a certificate setting out the result of a search pursuant to paragraph (a).
2A:
3: If the Family Court section 10(2) or (3) the Family Court Family Proceedings Act 1980
a: the Registrar of the court must forward a copy of the declaration or order, as the case may require, to the Registrar-General for filing in his or her office under this section; and
b: on receipt of any such copy, the Registrar-General must file it accordingly as if it were an instrument of the kind described in section 8(2)
4: For the purposes of this section, Registrar-General section 4 Section 9(2) replaced 13 December 1979 Status of Children Amendment Act 1979 Section 9(2) amended 1 April 1987 section 25(1) Official Information Amendment Act 1987 Section 9(2A) repealed 1 April 1987 section 25(1) Official Information Amendment Act 1987 Section 9(3) replaced 1 July 2005 section 11 Status of Children Amendment Act 2004 Section 9(3) amended 1 March 2017 section 261 District Court Act 2016 Section 9(4) replaced 1 September 1995 section 95 Births, Deaths, Marriages, and Relationships Registration Act 1995 Section 9(4) amended 15 June 2023 section 147 Births, Deaths, Marriages, and Relationships Registration Act 2021
10: Declaration as to paternity
1: In this section, eligible person
a: who is a woman and who alleges that a named person is the father of her child; or
b: who alleges that the relationship of father and child exists between the person and another named person; or
c: who wishes to have it determined whether the relationship of father and child exists between 2 named persons, and has a proper interest in the result.
2: The Family Court
a: an eligible person applies to the court for the declaration; and
b: it is proved to the court's satisfaction that the relationship exists.
3: A court considering an application under subsection (2) may, either on its own initiative or on an application for the purpose by a party to the proceedings, make a declaration of non-paternity (whether the alleged father or the alleged child or both of them are living or dead) if it is proved to the court's satisfaction that the relationship does not exist.
4: If a declaration of paternity under subsection (2) is made after the death of the father or of the child, the court may, at the same or any later time, make a declaration determining, for the purposes of section 7(1)﻿(b)
5: If an application under subsection (2) is made—
a: to the Family Court Family Proceedings Act 1980 sections 47 to 50 section 47
b: to the High Court, the provisions of the Declaratory Judgments Act 1908
6: Every question of fact that arises in applying any of subsections (2) to (4) must be decided on a balance of probabilities. Section 10 replaced 1 July 2005 section 12 Status of Children Amendment Act 2004 Section 10(2) amended 1 March 2017 section 261 District Court Act 2016 Section 10(5)﻿(a) amended 1 March 2017 section 261 District Court Act 2016 Miscellaneous provisions Heading inserted 1 July 2005 section 13 Status of Children Amendment Act 2004
11: Regulations
1: The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:
a: prescribing fees and forms for the purposes of this Act:
b: providing for such matters as are contemplated by or necessary for giving full effect to this Act and for its due administration.
2: Where the Registrar-General (as defined in subsection (4) of section 9
3: Notwithstanding the provisions of any regulations under this Act, the Registrar-General (as so defined) may dispense with the payment of any fee payable under this Act.
4: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 11(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
12: Repeals and consequential amendments
1: The Legitimation Act 1939 Deaths by Accidents Compensation Amendment Act 1956
2: The enactments specified in the Schedule
3: Except as provided in subsections (1) and (2), nothing in this Act shall—
a: limit or affect any enactment or rule of law relating to the domicile of any person and every such enactment or rule of law shall continue to apply as if this Act had not been passed:
b: limit or affect any of the provisions of the Adoption Act 1955
2: Status of children conceived as result of AHR procedures
Part 2 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004 Preliminary provisions Heading inserted 1 July 2005 section 14 Status of Children Amendment Act 2004
13: Purpose of this Part
The purpose of this Part is to—
a: remove uncertainty about the status of children conceived as a result of AHR procedures; and
b: replace the Status of Children Amendment Act 1987 Section 13 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004
14: Interpretation
1: In this Part, unless the context otherwise requires,— AHR procedure section 15 partner
a: in relation to a woman who is married or in a civil union and to whom paragraph (b) does not apply, means the woman's spouse
b: in relation to a woman ( woman A spouse
c: in relation to a woman ( woman A partnered woman
a: is married or in a civil union; or
b: is married or in a civil union, but is living with a man, or with another woman, as a de facto partner; or
c: is not married or in a civil union but is living with a man, or with another woman, as a de facto partner woman acting alone
a: who is not a partnered woman; or
b: who is a partnered woman, but has undergone an AHR procedure without her partner's consent.
2: A woman who is not the birth mother of a child but who, by operation of this Part, is a parent of the child must, for the purposes of an enactment or rule of law (other than this Part) that refers to, or contemplates, a mother and a father of, or 2 parents of, a child, be treated so far as practicable in the same manner as the father of, or as the other parent of, the child.
3: A reference in any of sections 17 to 22 any child of the pregnancy any child of the pregnancy (whether born or unborn) 1987 No 185 s 2 Section 14 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004 Section 14(1) AHR procedure amended 20 September 2007 section 4 Status of Children Amendment Act 2007 Section 14(1) de facto partner repealed 1 July 2005 section 6(1) Relationships (Statutory References) Act 2005 Section 14(1) partner replaced 1 July 2005 section 6(1) Relationships (Statutory References) Act 2005 Section 14(1) partner amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 14(1) partner amended 19 August 2013 section 9 Marriage (Definition of Marriage) Amendment Act 2013 Section 14(1) partnered woman replaced 1 July 2005 section 6(1) Relationships (Statutory References) Act 2005
15: AHR procedure defined
1: In this Part, unless the context otherwise requires, AHR procedure
a: an artificial insemination procedure:
b: a donor semen implantation procedure:
c: a donor ovum or donor embryo implantation procedure:
d: a donor semen intra-fallopian transfer procedure:
e: a donor ovum intra-fallopian transfer procedure:
f: a donor embryo intra-fallopian transfer procedure:
g: an embryo (donor semen) intra-fallopian transfer procedure:
h: an embryo (donor ovum) intra-fallopian transfer procedure.
2: In this section,— artificial insemination procedure
a: is produced by a man who is not her partner; or
b: is a mixture of semen part of which is produced by a man who is not her partner and part of which is produced by her partner donor semen implantation procedure donor ovum or donor embryo implantation procedure woman A woman B
a: by woman A's partner; or
b: by a man who is not woman A's partner donor semen intra-fallopian transfer procedure donor ovum intra-fallopian transfer procedure woman A woman B
a: by woman A's partner; or
b: by a man who is not woman A's partner donor embryo intra-fallopian transfer procedure woman A woman B embryo (donor semen) intra-fallopian transfer procedure woman A embryo (donor ovum) intra-fallopian transfer procedure woman A Section 15 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004
16: Application of Part
1: This Part applies in respect of a pregnancy referred to in any of sections 17 to 22
a: whether the pregnancy occurred before or after the commencement of this Part:
b: whether or not the pregnancy resulted from a procedure carried out in New Zealand.
2: This Part applies in respect of a child born of a pregnancy referred to in any of sections 17 to 22
a: whether the child was born before or after the commencement of this Part:
b: whether or not the child was born in New Zealand.
3: Nothing in this Part affects the vesting in possession or in interest of any property that occurred before the commencement of this Part. 1987 No 185 s 3 Section 16 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004 Rule about maternity Heading inserted 1 July 2005 section 14 Status of Children Amendment Act 2004
17: Woman who becomes pregnant is mother even though ovum is donated by another woman
1: This section applies to the following situation:
a: a woman ( woman A
b: the ovum or embryo used for the procedure was produced by or derived from an ovum produced by another woman ( woman B
2: In that situation, woman A is, for all purposes, the mother of any child of the pregnancy. Section 17 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004 Rule about when non-donor partner is parent Heading inserted 1 July 2005 section 14 Status of Children Amendment Act 2004
18: When woman's non-donor partner is parent, and non-partner semen donor or ovum donor is not parent
1: This section applies to the following situation:
a: a partnered woman ( woman A
b: the semen (or part of the semen) used for the procedure was produced by a man who is not woman A's partner or, as the case requires, the ovum or embryo used for the procedure was produced by, or derived from an ovum produced by, a woman who is not woman A's partner:
c: woman A has undergone the procedure with her partner's consent.
2: In that situation, woman A's partner is, for all purposes, a parent of any child of the pregnancy. Section 18 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004 Rules about donors of genetic material Heading inserted 1 July 2005 section 14 Status of Children Amendment Act 2004
19: Partnered woman: ovum donor not parent unless mother's partner at time of conception
1: This section applies to the following situation:
a: a partnered woman ( woman A
b: the ovum or embryo used for the procedure was produced by, or derived from an ovum produced by, another woman ( woman B
2: In that situation, woman B is not, for any purpose, a parent of any child of the pregnancy unless woman B is, at the time of conception, woman A's partner. Section 19 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004
20: Woman acting alone: non-partner ovum donor not parent unless later becomes mother's partner
1: This section applies to the following situation:
a: a woman acting alone ( woman A
b: the ovum or embryo used for the procedure was produced by or derived from an ovum produced by another woman ( woman B
2: In that situation, woman B is not, for any purpose, a parent of any child of the pregnancy unless woman B becomes, after the time of conception, woman A's partner (in which case the rights and liabilities of woman B, and of any child of the pregnancy, are determined in accordance with section 23 Section 20 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004
21: Partnered woman: non-partner semen donor not parent
1: This section applies to the following situation:
a: a partnered woman becomes pregnant as a result of an AHR procedure:
b: the semen (or part of the semen) used for the procedure was produced by a man ( man A
2: In that situation, man A is not, for any purpose, a parent of any child of the pregnancy. Section 21 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004
22: Woman acting alone: non-partner semen donor not parent unless later becomes mother's partner
1: This section applies to the following situation:
a: a woman acting alone becomes pregnant as a result of an AHR procedure:
b: the semen used for the procedure was produced by a man ( man A
2: In that situation, man A is not, for any purpose, a parent of any child of the pregnancy unless man A becomes, after the time of conception, the woman's partner (in which case the rights and liabilities of man A, and of any child of the pregnancy, are determined in accordance with section 24 Section 22 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004 Rights and liabilities if non-partner donor later becomes mother's partner Heading inserted 1 July 2005 section 14 Status of Children Amendment Act 2004
23: Non-partner ovum donor
If, in the situation to which section 20
a: woman B has, in relation to any child of the pregnancy, the rights and liabilities of a parent of the child, but, in the absence of agreement to the contrary, those liabilities do not include liabilities incurred before woman B becomes woman A's partner:
b: any child of the pregnancy has, in relation to woman B, the rights and liabilities of a child of woman B, but, in the absence of agreement to the contrary, those liabilities do not include liabilities incurred before woman B becomes woman A's partner. Section 23 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004
24: Non-partner semen donor
If, in the situation to which section 22
a: man A has, in relation to any child of the pregnancy, the rights and liabilities of a parent of the child, but, in the absence of agreement to the contrary, those liabilities do not include liabilities incurred before man A becomes the woman's partner:
b: any child of the pregnancy has, in relation to man A, the rights and liabilities of a child of man A, but, in the absence of agreement to the contrary, those liabilities do not include liabilities incurred before man A becomes the woman's partner. 1987 No 185 s 18 Section 24 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004
25: Only first non-partner donor to later become mother's partner becomes parent
Despite sections 20(2) 22(2) Section 25 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004 Miscellaneous provisions Heading inserted 1 July 2005 section 14 Status of Children Amendment Act 2004
26: Conflicting evidence of paternity
Sections 18 21 22
a: any conflicting evidence under section 8
b: any conflicting declaration of paternity made under section 10
c: any other evidence that the man who produced the semen was the father of the child of the pregnancy. 1987 No 185 s 16 Section 26 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004
27: Partner's consent is presumed
1: In proceedings in which this Part is relevant, the consent of a partner ( partner A partner B
2: Every question of fact that arises in applying subsection (1) must be decided on a balance of probabilities. 1987 No 185 s 17 Section 27 inserted 1 July 2005 section 14 Status of Children Amendment Act 2004