Surrogacy Act 2022

The intended parent or intended parents of a child may apply to the Local Court for a parentage order.

An application for a parentage order must be made:

no earlier than 30 days after the birth of the child; and

no later than 180 days after the birth of the child, unless the

Local Court is satisfied that there are exceptional circumstances to justify a later application.

If there are 2 intended parents in the surrogacy arrangement, the application must be made by both intended parents jointly unless:

they are no longer partners; or

one of them has died; or

one of them does not have the legal capacity to make decisions in relation to the proceedings; or

one of them cannot be located after reasonable efforts to do so;

or

the Local Court is satisfied that there are exceptional circumstances to justify an application by only one intended parent.

If the intended parents are no longer partners:

each intended parent may apply separately for a parentage order instead of jointly; and

if both intended parents do apply separately – the applications must be heard together.

Notice of the application must be served on:

every other party to the surrogacy arrangement; and

any birth parent of the child who is not a party to the surrogacy arrangement.