Queensland Consolidated Acts

STATUS OF CHILDREN ACT 1978 - SECT 22

22 Implantation procedure—Presumption as to status where donor semen used

(1) A reference in this section to a fertilisation procedure is a reference to the procedure of implanting in the womb of a woman—

(a) an embryo derived from an ovum produced by her and fertilised outside her body by semen produced by a man who is not her husband; or

(b) for the purpose of fertilising an ovum inside her body, an ovum produced by the woman together with semen produced by a man who is not her husband.

(2) If a woman has undergone a fertilisation procedure as a result of which she has become pregnant, the man who produced the semen has no rights or liabilities in relation to any child born as a result of the pregnancy happening because of the use of the semen unless, at any time, he becomes the husband of the child’s mother.

(3) The rights and liabilities of a man who produced the semen and becomes the husband of the mother of a child born as a result of a pregnancy mentioned in subsection (2) are the rights and liabilities of a father of a child but, in the absence of agreement to the contrary, are restricted to rights and liabilities that arise after the man becomes the husband of the child’s mother.