Status of Children Amendment Act 2004

1: Title
1: This Act is the Status of Children Amendment Act 2004.
2: In this Act, the Status of Children Act 1969 the principal Act
2: Commencement
This Act comes into force on 1 July 2005. Amendments to principal Act
3: Title repealed
The Title of the principal Act is repealed.
4: New Part heading and heading and
section 2A The principal Act is amended by inserting, immediately before section 3
1: Status of children generally
Children of equal status whether or not parents are or have been married to each other
2A: Purpose of
sections 3 and 4 The purpose of sections 3 and 4
5: New heading inserted
The principal Act is amended by inserting, immediately before section 4 Prior instruments and intestacies .
6: New heading inserted
The principal Act is amended by inserting, immediately before section 5 Presumptions as to parenthood .
7: New heading inserted
The principal Act is amended by inserting, immediately before section 5A Grant of letters of administration and distribution of estates and property held upon trust .
8: Warning notices
1: Section 6C(1) paragraph (a)
a: advising the person served of his or her right to seek to establish the relationship in question by applying to a Family Court or to the High Court under section 10 .
2: Section 6C(1)(b) the Court a Family Court or to the High Court
9: New heading inserted
The principal Act is amended by inserting, immediately before section 7 Paternity .
10: Recognition of paternity
Section 7(3)(b) subparagraph (ii)
ii: after the expiration of any notice under section 6C(l) section 10
11: Instruments of acknowledgment may be filed with Registrar-General
Section 9 subsection (3)
3: If a Family Court or the High Court makes a declaration under section 10(2) or (3) Family Proceedings Act 1980
a: the Registrar of the Court must forward a copy of the declaration or order, as the case may require, to the Registrar-General for filing in his or her office under this section; and
b: on receipt of any such copy, the Registrar-General must file it accordingly as if it were an instrument of the kind described in section 8(2)
12: New
section 10 The principal Act is amended by repealing section 10
10: Declaration as to paternity
1: In this section, eligible person
a: who is a woman and who alleges that a named person is the father of her child; or
b: who alleges that the relationship of father and child exists between the person and another named person; or
c: who wishes to have it determined whether the relationship of father and child exists between 2 named persons, and has a proper interest in the result.
2: A Family Court or the High Court may make a declaration of paternity (whether the alleged father or the alleged child or both of them are living or dead) if—
a: an eligible person applies to the Court for the declaration; and
b: it is proved to the Court's satisfaction that the relationship exists.
3: A Court considering an application under subsection (2)
4: If a declaration of paternity under subsection (2) section 7(1)(b) section 7(1)(b)
5: If an application under subsection (2)
a: to a Family Court, the provisions of the Family Proceedings Act 1980 sections 47 to 50 section 47 of that Act
b: to the High Court, the provisions of the Declaratory Judgments Act 1908
6: Every question of fact that arises in applying any of subsections (2) to (4)
13: New heading inserted
The principal Act is amended by inserting, immediately before section 11 Miscellaneous provisions .
14: New
Part 2 The principal Act is amended by inserting, after section 12
2: Status of children conceived as result of AHR procedures
Preliminary provisions
13: Purpose of this Part
The purpose of this Part is to—
a: remove uncertainty about the status of children conceived as a result of AHR procedures; and
b: replace the Status of Children Amendment Act 1987
14: Interpretation
1: In this Part, unless the context otherwise requires,— AHR procedure section 14A de facto partner section 9 of the Care of Children Act 2004 partner
a: in relation to a woman who is married and to whom paragraph (b)
b: in relation to a woman ( woman A
c: in relation to a woman ( woman A partnered woman
a: is married; or
b: is married, but is living with a man, or with another woman, as a de facto partner; or
c: is not married but is living with a man, or with another woman, as a de facto partner woman acting alone
a: who is not a partnered woman; or
b: who is a partnered woman, but has undergone an AHR procedure without her partner's consent.
2: A woman who is not the birth mother of a child but who, by operation of this Part, is a parent of the child must, for the purposes of an enactment or rule of law (other than this Part) that refers to, or contemplates, a mother and a father of, or 2 parents of, a child, be treated so far as practicable in the same manner as the father of, or as the other parent of, the child.
3: A reference in any of sections 17 to 22 any child of the pregnancy any child of the pregnancy (whether born or unborn) 1987 No 185 s 2
15: AHR procedure defined
1: In this Part, unless the context otherwise requires, AHR procedure
a: an artificial insemination procedure:
b: a donor semen implantation procedure:
c: a donor ovum or donor embryo implantation procedure:
d: a donor semen intra-fallopian transfer procedure:
e: a donor ovum intra-fallopian transfer procedure:
f: a donor embryo intra-fallopian transfer procedure:
g: an embryo (donor semen) intra-fallopian transfer procedure:
h: an embryo (donor ovum) intra-fallopian transfer procedure.
2: In this section,— artificial insemination procedure
a: is produced by a man who is not her partner; or
b: is a mixture of semen part of which is produced by a man who is not her partner and part of which is produced by her partner donor semen implantation procedure donor ovum or donor embryo implantation procedure woman A woman B
a: by woman A's partner; or
b: by a man who is not woman A's partner donor semen intra-fallopian transfer procedure donor ovum intra-fallopian transfer procedure woman A woman B
a: by woman A's partner; or
b: by a man who is not woman A's partner donor embryo intra-fallopian transfer procedure woman A woman B embryo (donor semen) intra-fallopian transfer procedure woman A embryo (donor ovum) intra-fallopian transfer procedure woman A
16: Application of Part
1: This Part applies in respect of a pregnancy referred to in any of sections 17 to 22
a: whether the pregnancy occurred before or after the commencement of this Part:
b: whether or not the pregnancy resulted from a procedure carried out in New Zealand.
2: This Part applies in respect of a child born of a pregnancy referred to in any of sections 17 to 22
a: whether the child was born before or after the commencement of this Part:
b: whether or not the child was born in New Zealand.
3: Nothing in this Part affects the vesting in possession or in interest of any property that occurred before the commencement of this Part. 1987 No 185 s 3 Rule about maternity
17: Woman who becomes pregnant is mother even though ovum is donated by another woman
1: This section applies to the following situation:
a: a woman ( woman A
b: the ovum or embryo used for the procedure was produced by or derived from an ovum produced by another woman ( woman B
2: In that situation, woman A is, for all purposes, the mother of any child of the pregnancy. Rule about when non-donor partner is parent
18: When woman's non-donor partner is parent, and non-partner semen donor or ovum donor is not parent
1: This section applies to the following situation:
a: a partnered woman ( woman A
b: the semen (or part of the semen) used for the procedure was produced by a man who is not woman A's partner or, as the case requires, the ovum or embryo used for the procedure was produced by, or derived from an ovum produced by, a woman who is not woman A's partner:
c: woman A has undergone the procedure with her partner's consent.
2: In that situation, woman A's partner is, for all purposes, a parent of any child of the pregnancy. Rules about donors of genetic material
19: Partnered woman: ovum donor not parent unless mother's partner at time of conception
1: This section applies to the following situation:
a: a partnered woman ( woman A
b: the ovum or embryo used for the procedure was produced by, or derived from an ovum produced by, another woman ( woman B
2: In that situation, woman B is not, for any purpose, a parent of any child of the pregnancy unless woman B is, at the time of conception, woman A's partner.
20: Woman acting alone: non-partner ovum donor not parent unless later becomes mother's partner
1: This section applies to the following situation:
a: a woman acting alone ( woman A
b: the ovum or embryo used for the procedure was produced by or derived from an ovum produced by another woman ( woman B
2: In that situation, woman B is not, for any purpose, a parent of any child of the pregnancy unless woman B becomes, after the time of conception, woman A's partner (in which case the rights and liabilities of woman B, and of any child of the pregnancy, are determined in accordance with section 23
21: Partnered woman: non-partner semen donor not parent
1: This section applies to the following situation:
a: a partnered woman becomes pregnant as a result of an AHR procedure:
b: the semen (or part of the semen) used for the procedure was produced by a man ( man A
2: In that situation, man A is not, for any purpose, a parent of any child of the pregnancy.
22: Woman acting alone: non-partner semen donor not parent unless later becomes mother's partner
1: This section applies to the following situation:
a: a woman acting alone becomes pregnant as a result of an AHR procedure:
b: the semen used for the procedure was produced by a man ( man A
2: In that situation, man A is not, for any purpose, a parent of any child of the pregnancy unless man A becomes, after the time of conception, the woman's partner (in which case the rights and liabilities of man A, and of any child of the pregnancy, are determined in accordance with section 24 Rights and liabilities if non partner donor later becomes mother's partner
23: Non-partner ovum donor
If, in the situation to which section 20
a: woman B has, in relation to any child of the pregnancy, the rights and liabilities of a parent of the child, but, in the absence of agreement to the contrary, those liabilities do not include liabilities incurred before woman B becomes woman A's partner:
b: any child of the pregnancy has, in relation to woman B, the rights and liabilities of a child of woman B, but, in the absence of agreement to the contrary, those liabilities do not include liabilities incurred before woman B becomes woman A's partner.
24: Non-partner semen donor
If, in the situation to which section 22
a: man A has, in relation to any child of the pregnancy, the rights and liabilities of a parent of the child, but, in the absence of agreement to the contrary, those liabilities do not include liabilities incurred before man A becomes the woman's partner:
b: any child of the pregnancy has, in relation to man A, the rights and liabilities of a child of man A, but, in the absence of agreement to the contrary, those liabilities do not include liabilities incurred before man A becomes the woman's partner. 1987 No 185 s 18
25: Only first non-partner donor to later become mother's partner becomes parent
Despite sections 20(2) and 22(2) Miscellaneous provisions
26: Conflicting evidence of paternity
Sections 18, 21, and 22
a: any conflicting evidence under section 8
b: any conflicting declaration of paternity made under section 10
c: any other evidence that the man who produced the semen was the father of the child of the pregnancy. 1987 No 185 s 16
27: Partner's consent is presumed
1: In proceedings in which this Part is relevant, the consent of a partner ( partner A partner B
2: Every question of fact that arises in applying subsection (1) 1987 No 185 s 17 Amendments to other Acts
15: Births, Deaths, and Marriages Registration Act 1995
1: Section 15(3)(b)(iv) Births, Deaths, and Marriages Registration Act 1995 the High Court a Family Court or
2: Section 15(6) Births, Deaths, and Marriages Registration Act 1995 declaration made by a Family Court or by
16: Child Support Act 1991 Section 7(4) Child Support Act 1991
a: by omitting from paragraph (a) medical procedure to which the Status of Children Amendment Act 1987 AHR procedure to which Part 2 of the Status of Children Act 1969
b: by omitting from paragraph (b) does not have the rights and liabilities of a father or mother of the child is not the mother of the child, or a person who has the rights and liabilities of a parent of the child,
17: Family Proceedings Act 1980 Section 51 Family Proceedings Act 1980 subsection (1)
1: On hearing an application for a paternity order made under section 47
a: must, if it is satisfied that the respondent is the father of the child, make an order declaring that the respondent is the father of the child; and
b: may, if it is satisfied (either on its own initiative or on an application for the purpose by a party to the proceedings) that the respondent is not the father of the child, make an order declaring that the respondent is not the father of the child. Repeal
18: Status of Children Amendment Act 1987 The Status of Children Amendment Act 1987 (1987 No 185)