The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.A.110 Artificial conception

Definition

A person who is a parent (1.1.P.10) under the FL Act is also considered a parent for the purposes of the CSA Act and applies to children born as a result of an artificial conception procedure.

A woman who gives birth to a child, in Australia or overseas, following an artificial conception procedure is legally a parent of that child. If the child was born to a woman whilst married or in a de facto relationship (either same-sex or opposite-sex) and her partner (1.1.P.20) consented to the procedure, the partner is also a parent of the child. A woman's partner is presumed to consent to the procedure unless it is demonstrated, on the balance of probabilities, that he or she did not consent.

Prior to 1 July 2009 a same-sex partner of a woman who gave birth to a child born as a result of an artificial conception procedure was not a 'parent'.

Act reference: CSA Act section 5(1)-'parent', section 29(2)(i) The Registrar is to be satisfied …

FL Act section 60H Children born as a result of artificial conception procedures

Policy reference: CS Guide 2.1.3 Parentage

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