Document ID: chunk:federal_register_of_legislation:C2004A03590:body:0:p9
Version: federal_register_of_legislation:C2004A03590
Segment Type: other
Provision Reference: 
Character Range: 21701–24319

to a woman as a result of the carrying out of an artificial conception procedure while the woman was married to a man; and
     (b) either of the following paragraphs apply:
          (i) the procedure was carried out with their consent;
          (ii) under a prescribed law of the Commonwealth or of a State or Territory, the child is a child of the woman and of the man;
     then, whether or not the child is biologically a child of the woman and of the man, the child is their child.
"(2) Where:
     (a) a child is born to a woman as a result of the carrying out of an artificial conception procedure; and
     (b) under a prescribed law of the Commonwealth or of a State or Territory, the child is a child of the woman;

then, whether or not the child is biologically a child of the woman, the child is her child.
"(3) Where:
     (a) a child is born to a woman as a result of the carrying out of an artificial conception procedure; and
     (b) under a prescribed law of the Commonwealth or of a State or Territory, the child is a child of a man;
then, whether or not the child is biologically a child of the man, the child is his child.
"(4) Where a person lives with another person as the husband or wife of the first-mentioned person on a bona fide domestic basis although not legally married to that person, subsection (1) applies in relation to them as if:
     (a) they were married to each other; and
     (b) neither person were married to any other person.
"(5) For the purposes of subsection (1), a person shall be presumed to have consented to an artificial conception procedure being carried out unless it is proved, on the balance of probabilities, that the person did not consent.

Application of Part in relation to void marriages
"60c. This Part applies in relation to a purported marriage that is void as if:
     (a) the purported marriage were a marriage; and
     (b) the parties to the purported marriage were husband and wife.

Welfare of child to be paramount consideration
"60d. In proceedings under this Part in relation to a child, the court shall regard the welfare of the child as the paramount consideration.

"Division 2—Extension, application and additional operation of Part

Extension and application of Part
"60e. (1) Subject to subsections (4) and (5), this Part extends to New South Wales, Victoria, South Australia and Tasmania.
"(2) If:
     (a) the Parliament of Queensland or Western Australia refers to the Parliament of the Commonwealth the following matters or matters that include, or are included in, the following matters:
          (i) the maintenance of children