Bills

Family Relationships (Parentage Presumptions) Amendment Bill

Final Stages

The Legislative Council agreed to Amendment No. 2 made by the House of Assembly without any amendment; the Legislative Council agreed to Amendment No. 1 made by the House of Assembly with the amendment and consequential amendment indicated by the annexed schedule, to which amendment and consequential amendment the Legislative Council desires the concurrence of the House of Assembly.

House of Assembly's Amendment No. 1.

New Schedule, page 3, before line 13—Insert:

Schedule A1—Related amendment to Births, Deaths and Marriages Registration Act 1996

1—Amendment of section 14—How to have the birth of a child registered

Section 14—after its present contents (now to be designated as subsection (1)) insert:

(2) The birth registration statement must include particulars of the identity (if known) of the biological parents of the child.

(3) The fact that a person is described as a biological parent of a child in a birth registration statement in accordance with subsection (2), or in an entry about the birth in the Register—

(a) does not constitute an acknowledgement of parentage for the purposes of the Family Relationships Act 1975 or any other law; and

(b) does not otherwise operate to make that person the mother or father of the child for the purposes of any other law.

(4) In this section—

Biological parents, in relation to the birth of a child, means—

(a) the person who provided semen resulting in the birth; and

(b) the person who provided the ovum resulting in the birth.

(5) Subsections (2), (3) and (4) expire on the day on which the donor conception register is established under section 15 of the Assisted Reproductive Treatment Act 1988.

Legislative Council's Additional Amendment to the House of Assembly's Amendment No. 1.

Schedule A1—After clause 1 insert:

2—Amendment of section 46—Issue of certificate

Section 46—after subsection (1) insert:

(1a) A certificate under subsection (1)(a) may only include particulars identifying the biological parents of a child at the express request of the applicant for the search in relation to which the certificate is issued (however, a failure to comply with this subsection does not affect the admissibility or validity of a certificate).

Legislative Council's Consequential Amendment to the Bill

Clause 2, page 2, lines 6 to 8—Delete clause 2 and substitute:

2—Commencement

(1) Subject to subsection (2), this Act will come into operation 3 months after the day on which it is assented to by the Governor.

(2) Schedule A1 will come into operation 12 months after the day on which it is assented to by the Governor.