Document ID: chunk:federal_register_of_legislation:C2004A05014:section:6:p13
Version: federal_register_of_legislation:C2004A05014
Segment Type: section
Provision Reference: s 6 (pt 13/86)
Character Range: 87933–90593

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 for the purposes of this Act.

"(3) If:

(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 for the purposes of this Act.

"(4) If a person lives with another person as the husband or wife of the first-mentioned person on a genuine 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 is to 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.

"Division 2—Parental responsibility

What this Division does

"61A. This Division deals with the concept of parental responsibility including, in particular:

(a) what parental responsibility is; and

(b) who has parental responsibility.

Meaning of "parental responsibility"

"61B. In this Part, 'parental responsibility', in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.

Each parent has parental responsibility (subject to court orders)

"61C.(1) Each of the parents of a child who is not 18 has parental responsibility for the child.

"(2) Subsection (1) has effect despite any changes in the nature of the relationships of the child's parents. It is not affected, for example, by the parents becoming separated or by either or both of them marrying or re-marrying.

"(3) Subsection (1) has effect subject to any order of a court for the time being in force (whether or not made under this Act and whether made before or after the commencement of this section).

Parenting orders and parental responsibility

"61D.(1) A parenting order confers parental responsibility for a child on a person, but only to the extent to which the order confers on the person duties, powers, responsibilities or authority in relation to the child.

"(2) A parenting order in relation to a child does not take away or diminish any aspect of the parental responsibility of any person for the child except to the extent