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Author Topic: concerned about something  (Read 4413 times)
karlas_mum
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love_me69@msn.com jofourpat@yahoo.com
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« on: April 07, 2007, 05:01:19 AM »

Hello there
I was just wondering just say if you where to spit up with your other half and your other half says he don't have to pay maintains   as he is not the biologic father how dose that work I was just wondering I am not splitting up we are very much in love with one another just at work he keeps saying to this guy he works with for a stir and he believes it himself that he don't have to pay what are the rights I always to believe he would have to but a DNA would prove that he would not be the biologic parent just concern that's all dose any one no anything about thatr side of things
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RoseW.A.
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« Reply #1 on: April 07, 2007, 06:09:41 AM »

Hi Karla's mum, Myf posted this information on another page but it might help you calm your fears. Cheers, Rose

"All states of Australia have legislation which is similar to the NSW Status of the Children Act(1996) which states:

Presumptions of parentage arising out of use of fertilisation procedures

        (1)  When a married woman has undergone a fertilisation procedure as a result of which she becomes pregnant:

            (a)  her husband is presumed to be the father of any child born as a result of the pregnancy even if he did not provide any or all of the sperm used in the procedure, but only if he consented to the procedure, and

            (b)  the woman is presumed to be the mother of any child born as a result of the pregnancy even if she did not provide the ovum used in the procedure.

        (2)  If a woman (whether married or unmarried) becomes pregnant by means of a fertilisation procedure using any sperm obtained from a man who is not her husband, that man is presumed not to be the father of any child born as a result of the pregnancy.

        (3)  If a woman (whether married or unmarried) becomes pregnant by means of a fertilisation procedure using an ovum obtained from another woman, that other woman is presumed not to be the mother of any child born as a result of the pregnancy.

        (4)  Any presumption arising under subsections (1)–(3) is irrebuttable.

Definition of "fertilisation procedure" in the act is as follows:
fertilisation procedure means:

    (a)  the artificial insemination of a woman, or

    (b)  the procedure of transferring to a woman’s body an ovum (whether or not produced by her) fertilised outside her body, or

    (c)  the procedure of transferring to a woman’s body an ovum (whether or not produced by her) or both the ovum and sperm to enable fertilisation of the ovum to occur in her body, or

    (d)  any other procedure for the assisted conception of children that is prescribed by the regulations.

I am not sure how this legilsaiton would impact on something that happened that long ago but i have been assured by legal professionals that the reason the legislation was written in this way was so that people conceived from donated gametes could not make financial claims on their donors.

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Looking for half siblings of Repromed Donor DZ who also donated at Queen Elizabeth Hospital in S.A.
Hursty
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« Reply #2 on: April 08, 2007, 12:12:40 PM »

Hi Karlas Mum - not a very funny thing for your husband to be saying even if you are in love - just have a look at the birth certificate and note who the "father" is on  that - its a legal document.
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Love and Truth go together.
karlas_mum
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« Reply #3 on: April 09, 2007, 01:59:47 AM »

yeah it is not a funny thing and i have told him that but he seems to think it is thanks for your feed back as i though that was the case.
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dadams
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« Reply #4 on: April 09, 2007, 11:43:32 PM »

There will be legislation in each state which will cover who the "legal" father is regardless of the "biological" connection.
This will usually be who is written on the birth certicate.
A man will not be allowed to relinquish child payments unless another man is found to be able to take his place (the courts wont allow it). In the "normal" world if someone starts payments then they have to continue to do so until they are able to locate the "real" or "genetic" father. But in the case with DC then the law will view the birth certificate named man as the father and he will have to make payments for life. Unless you do not want him to or unless someone else volunteers to take over.
So in your instance your other half is going to pretty much have to pay no matter what.
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