Page:Status of Children (Assisted Reproduction Technology) Act 2013.pdf/16

16 (2) Rules of Court may, instead of providing for any matter, refer to any provision made or to be made about that matter by practice directions issued for the time being by the Registrar of the Supreme Court.

Transitional provisions

15.—(1) Notwithstanding section 3 but subject to subsections (2) and (3), where a child was born before the appointed day as a result of a fertilisation procedure, the court may, in its discretion, make an order declaring the parenthood of the child.

(2) In making an order under subsection (1), the court—
 * (a) shall exercise its discretion in accordance with section 10(7); and
 * (b) may additionally have regard to the provisions of sections 6 to 9, but shall not be bound to apply those provisions.

(3) No application under this section shall be made after the expiry of a period of 2 years after—
 * (a) the appointed day; or
 * (b) the date on which the applicant discovered that the child who was born as a result of the fertilisation procedure was brought about under circumstances described in section 9(1),

whichever is the later.

(4) Section 10 shall apply, with the necessary modifications, to an application made under this section.

Related amendment to Evidence Act

16. Section 114 of the Evidence Act (Cap. 97, 1997 Ed.) is repealed and the following section substituted therefor:
 * "Rebuttable presumption of paternity
 * 114.—(1) Where any person was born—
 * (a) during the continuance of a valid marriage between his mother and any man; or