Status of Children (Assisted Reproduction Technology) Bill

Status of Children
(Assisted Reproduction Technology) Bill

Bill No. 12/2013

Read the first time on 8th July 2013.

An Act relating to the legal status of children conceived and born through assisted reproduction technology and for matters connected therewith, and to make related amendments to certain other written laws.

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows:

PART I

PRELIMINARY

Short title and commencement

1. This Act may be cited as the Status of Children (Assisted Reproduction Technology) Act 2013 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Interpretation

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

“appointed day” means the date of commencement of this Act;

“court” means the High 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”, shall 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.

(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 shall apply only to a child born on or after the appointed day as a result of a fertilisation procedure (whether done before, on or after the appointed day) 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 shall be 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 the appointed day) shall be construed accordingly; and
(d)	without prejudice to the generality of 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 shall 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” shall be construed accordingly.

(4) This Act shall 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 shall not by itself affect the citizenship of a child.

(6) For the avoidance of doubt, nothing in this Act shall affect 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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