Affidavit of applicant for parentage order
13 Affidavit of applicant for parentage order
The affidavit of the applicant for a parentage order must depose the following matters:
(a) the location and residence of the child at the time of the application, including particulars of the person or persons with whom the child resides or who has the care and custody of the child;
the proposed names of the child;
(c) the names, including maiden family name if applicable, of each applicant;
the date of birth, or age, and place of birth of each applicant;
if there are 2 joint applicants:
whether they are partners; and
(ii) if they are married – the date and place of their marriage;
(f) the place of residence of each applicant and whether the applicant is an Australian citizen or permanent resident;
(g) if there are 2 intended parents in the surrogacy arrangement but only one applicant – the reason the other intended parent is not an applicant;
(h) the reasons for each applicant entering into the surrogacy arrangement;
(i) whether any party to the surrogacy arrangement was offered or is to receive a payment, reward or other material benefit or advantage, other than reasonable costs allowed under section 12 of the Surrogacy Act 2022;
(j) whether any payment, reward or other material benefit or advantage was offered to or received by a person for any of the following:
(i) agreeing to enter into, or entering into, the surrogacy arrangement;
(ii) permanently relinquishing custody of a child born under the surrogacy arrangement;
(iii) consenting to the making of a parentage order for a child born under the surrogacy arrangement;
if an applicant has or had any children:
(i) the given names, sex or gender and date of birth of each child (including a deceased child); and
whether a child is deceased; and
(iii) if there are or were 2 intended parents – whether the child is or was of their relationship;
that each applicant consents to the making of a parentage order;
(m) if an applicant is asking the Court to dispense with consent of an intended parent under section 32(2) of the Surrogacy Act 2022, the grounds for that dispensation;
any other matters relevant to the application.
Note for rule 13(g)
If there are 2 intended parents, they are expected to be joint applicants, unless there is a reason allowed under section 26(3) of the Surrogacy Act 2022, for example they are no longer partners.
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