Surrogacy Act 2010

For an application for a parentage order, the following documents must be produced to the court—

a copy of the child’s birth certificate;

a copy of the surrogacy arrangement;

an affidavit under section 26 sworn by the applicant, or joint applicants;

an affidavit under section 27 sworn by the birth mother;

an affidavit under section 28 sworn by the birth mother’s spouse (if any);

an affidavit under section 29 sworn by another birth parent (if any);

for the applicant, or each joint applicant, the birth mother and the birth mother’s spouse (if any)—an affidavit under section 30 sworn by the lawyer who gave legal advice to the person before the surrogacy arrangement was made;

an affidavit under section 31 sworn by the appropriately qualified counsellor who gave counselling to the birth mother, the birth mother’s spouse (if any) and the applicant, or each joint applicant, before the surrogacy arrangement was made;

an affidavit—

sworn by the independent and appropriately qualified counsellor who, for the purpose of the application, interviewed the birth mother, the birth mother’s spouse (if any), another birth parent (if any) and the applicant, or joint applicants; and

verifying a surrogacy guidance report under section 32 prepared by the counsellor;

for each applicant who is a woman, an affidavit from an appropriately qualified medical practitioner verifying a report prepared by the medical practitioner as to why the applicant is an eligible woman.

Despite subsection (1)(d), (e) and (f), a single affidavit satisfying the requirements mentioned in sections 27 to 29 may be sworn by the birth mother, the birth mother’s spouse (if any) and another birth parent (if any).

Despite subsection (1)(g), a single affidavit satisfying the requirements mentioned in section 30 may be sworn by the following—

a lawyer who gave legal advice to the birth mother and the birth mother’s spouse jointly;

a lawyer who gave legal advice to joint applicants jointly.

Despite subsection (1)(h), if the same counsellor did not give counselling to the birth mother, the birth mother’s spouse (if any) and the applicant, or joint applicants, affidavits under section 31 may be sworn by more than 1 counsellor.