Status of Children (Assisted Reproduction Technology) Act 2013

Status of Children (Assisted
Reproduction Technology)
Act 2013

2020 REVISED EDITION

This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021

An Act relating to the legal status of children conceived and born through assisted reproduction technology and for matters connected therewith.

[1 October 2014]

PART 1

PRELIMINARY

Short title

1. This Act is the Status of Children (Assisted Reproduction Technology) Act 2013.

Interpretation

2.—(1) In this Act, unless the context otherwise requires —

“court” means the General Division of the High Court or a Family Court;

“de facto partner”, in relation to a gestational mother (whether married or not) at a given point in time, means the man (if any) with whom the gestational mother is living in a relationship as if he were her spouse at that point in time;

“egg” means a live human egg and includes the cells of the female germ line at any stage of maturity but, except in the definition of “embryo”, does not include an egg that is in the process of fertilisation or undergoing any other process capable of resulting in an embryo;

“embryo” means a live human embryo and includes an egg that is in the process of fertilisation or undergoing any other process capable of resulting in an embryo;

“fertilisation procedure” means —

(a)	the placing of an embryo or of sperm and eggs in a woman;
(b)	the artificial insemination of a woman; or
(c)	any other prescribed procedure for the assisted conception of children;

“gestational mother” means the woman who is treated as the mother of a child under section 6;

“sperm” means live human sperm and includes the cells of the male germ line at any stage of maturity.

[40/2019]

(2) Any reference in this Act to a marriage includes a reference to a void marriage if, at the time of such void marriage, both or either of the parties to the marriage reasonably believed that the marriage was valid.

Application and effect of this Act

3.—(1) This Act applies only to a child born on or after 1 October 2014 as a result of a fertilisation procedure (whether done before, on or after 1 October 2014) and where —

(a)

the child is born in Singapore; or

(b)

any of the following persons is domiciled in Singapore on the date of the birth of the child:

(i)	the gestational mother of the child;
(ii)	the husband (if any) of the gestational mother at the time of the fertilisation procedure as a result of which she carried the child;
(iii)	the de facto partner (if any) of the gestational mother at the time of the fertilisation procedure as a result of which she carried the child;
(iv)	the person whose sperm or egg the child was brought about with;
(v)	the person who consented to the fertilisation procedure.

(2) For the purposes of this Act, a citizen of Singapore is presumed to be domiciled in Singapore, unless the contrary is proved.

(3) Where a person is to be treated as the mother or the father of a child (as the case may be) by virtue of this Act, then, from the time that person is to be treated as the mother or the father of the child, as the case may be —

(a)	that person is to be treated in law as the mother or the father of the child (as the case may be) for all purposes;
(b)	no other person is to be treated in law as the mother or the father of the child (as the case may be) for any purpose;
(c)	any reference to any relationship between 2 persons in any law or document (whether enacted or made before, on or after 1 October 2014) is to be construed accordingly; and
(d)	without limiting paragraph (c) and unless the context otherwise requires, a reference in any written law to “natural parent” or “natural father” in relation to a child to whom this Act applies is to be construed as a reference to the parent or the father of the child (as the case may be) as determined under this Act, and a reference in any written law to “natural child” or “child” is to be construed accordingly.

(4) This Act does not apply to a child to the extent that the child is treated by virtue of adoption as not being the child of any person other than the adopter or adopters.

(5) The application of this Act does not by itself affect the citizenship of a child.

(6) To avoid doubt, nothing in this Act affects any right or remedy that a person may have against any other person in relation to a fertilisation procedure which resulted in the birth of a child.

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