Title: Family Relationships (Parentage Presumptions) AmendmentBill 2015
Author: Office of Parliamentary Counsel
Last saved by: Mrs Sandra Flintoft-Silk
Category: parliamentary.copy
Document comments: ha39

House of Assembly—No 39
As received from the Legislative Council and read a first time, 4 June 2015

Family Relationships (Parentage Presumptions) Amendment Bill 2015
Contents

Family Relationships (Parentage Presumptions) Amendment Bill 2015

Family Relationships (Parentage Presumptions) Amendment Bill 2015
Part 1—Preliminary

Family Relationships (Parentage Presumptions) Amendment Bill 2015
Preliminary—Part 1

Family Relationships (Parentage Presumptions) Amendment Bill 2015
Part 2—Amendment of Family Relationships Act 1975

Family Relationships (Parentage Presumptions) Amendment Bill 2015
Amendment of Family Relationships Act 1975—Part 2

Family Relationships (Parentage Presumptions) Amendment Bill 2015
Schedule 1—Transitional provision

Family Relationships (Parentage Presumptions) Amendment Bill 2015
Transitional provision—Schedule 1

South Australia
Family Relationships (Parentage Presumptions) Amendment Bill 2015
A Bill For
An Act to amend the Family Relationships Act 1975.

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Amendment provisions
Part 2—Amendment of Family Relationships Act 1975
4	Amendment of section 10C—Rules relating to parentage
Schedule 1—Transitional provision
1	Immunity

The Parliament of South Australia enacts as follows:
Part 1—Preliminary
1—Short title
This Act may be cited as the Family Relationships (Parentage Presumptions) Amendment Act 2015.
2—Commencement
This Act will come into operation 3 months after the day on which it is assented to by the Governor.
3—Amendment provisions
In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2—Amendment of Family Relationships Act 1975
4—Amendment of section 10C—Rules relating to parentage
Section 10C—after subsection (3) insert:
	(3a)	If—
	(a)	a woman is living with another person (her partner) in a marriage‑like relationship (whether they are of the same or opposite sex); and
	(b)	the woman undergoes, with the consent of her partner, a fertilisation procedure in consequence of which she becomes pregnant; and
	(c)	the woman and her partner elect, in accordance with the requirements prescribed by the regulations, to have the parentage of any child born (whether before or after that election) as a result of the pregnancy determined in accordance with this subsection,
then, for the purposes of the law of the State, the woman's partner—
	(d)	will be conclusively presumed to have caused the pregnancy; and
	(e)	will be taken to be—
	(i)	in the case of a male partner—the father; or
	(ii)	in any other case—a co‑parent,
of any child born as a result of the pregnancy.

Schedule 1—Transitional provision
1—Immunity
Despite a provision of the Births, Deaths and Marriages Registration Act 1996, no liability attaches to a person for a failure to provide to the Registrar particulars of the person who is the father or co‑parent of a child in the case where—
	(a)	the child was born before the commencement of this clause; and
	(b)	the person is only taken to be father or co‑parent of the child by virtue of Part 2A of the Family Relationships Act 1975 (as amended by this Act).

LC GP 144-D: the Hon Tammy Franks MLC