Surrogacy Act 2022

Subject to this section, each party and any birth parent of the child who is not a party to the surrogacy arrangement must consent to the making of a parentage order.

The Local Court may dispense with the consent of an intended parent only if:

the person has died; or

the person does not have legal capacity to consent; or

the person cannot be located after reasonable efforts to do so;

or

the person is no longer a partner of the applicant and dispensing with consent in the circumstances is in the best interests of the child.

The Local Court may dispense with the consent of a surrogate mother only if:

the child is living with an intended parent who is an applicant;

and

one of the following circumstances exist:

the person has died;

the person does not have legal capacity to consent;

the person cannot be located after reasonable efforts to do so;

and

dispensing with consent in the circumstances is in the best interests of the child.

The Local Court may dispense with the consent of a partner of the surrogate mother or a birth parent of the child who is not a party to the surrogacy arrangement only if:

the child is living with an intended parent who is an applicant;

and

the Local Court is satisfied that:

the person has died; or

the person does not have legal capacity to consent; or

the person cannot be located after reasonable efforts to do so;

or

dispensing with consent in the circumstances is in the best interests of the child.