Surrogacy Act 2010

An application for a parentage order in relation to a child may be made—

not less than 28 days and not more than 6 months after the child’s birth; or

at a later time with the court’s leave.

The court may grant leave under subsection (1)(b) only if it considers the making of the late application is justified because of exceptional circumstances and that it is for the wellbeing, and in the best interests, of the child to grant the leave.

Subsections (4) and (5) apply if there are 2 intended parents under the surrogacy arrangement and the 2 intended parents were a couple when the surrogacy arrangement was made.

The application for the parentage order may be made only by the 2 intended parents jointly.

However, if the 2 intended parents are no longer a couple or 1 of them has died, 1 of the intended parents may apply for a parentage order.

If there is 1 intended parent under the surrogacy arrangement and the intended parent did not have a spouse when the surrogacy arrangement was made, the intended parent may apply for a parentage order.

To the extent practicable, the documents mentioned in section 25 must be filed with the application.