Surrogacy Act 2022

The Local Court may make a parentage order if satisfied of the following:

the surrogacy arrangement is not a commercial surrogacy arrangement;

the requirements of Part 2, Division 2 are met;

the place of residence of the child required under section 27;

the consents required under section 32 were given or dispensed with;

the place of residence of each applicant required under section

33;

the parentage order is in the best interests of the child.

In the case of a surrogate mother who was under 25 years of age when entering into the surrogacy arrangement, the Local Court may make a parentage order if:

the surrogate mother was at least 18 years of age when she entered into surrogacy arrangement; and

the counsellor's certificate required under section 22(3) certified that exceptional circumstances existed to justify the surrogate mother entering into the surrogacy arrangement; and

the Local Court is satisfied that exceptional circumstances exist to justify making the parentage order.

In the case of an intended parent who was under 25 years of age when entering into the surrogacy arrangement, the Local Court may make a parentage order if:

the intended parent was at least 18 years of age when the intended parent entered into the surrogacy arrangement; and

the counsellor's certificate required under section 22(3) certified that the intended parent was sufficiently mature to understand the implications of the surrogacy arrangement; and

the Local Court is satisfied that the intended parent is sufficiently mature to understand the implications of the parentage order.