Surrogacy Act 2010

This section applies if—

a pre-commencement birth mother and a pre-commencement intended parent, or pre-commencement intended parents, were parties to a pre-commencement surrogacy arrangement; and

the pre-commencement surrogacy arrangement was not a commercial surrogacy arrangement; and

a child has been born as a result of the pre-commencement surrogacy arrangement; and

the pre-commencement surrogacy arrangement was made before the child was conceived.

Within 2 years after the commencement, the pre-commencement intended parent, or pre-commencement intended parents, may apply to the court for a parentage order.

Chapter 3 applies in relation to the application and any parentage order made on the application is a parentage order under chapter 3.

In addition to the court’s power under section 23, the court may dispense with a requirement under chapter 3 (other than a requirement mentioned in section 22(2)(e)(iii)) if the court considers it is—

for the wellbeing, and in the best interests, of the child born as a result of the pre-commencement surrogacy arrangement to dispense with the requirement; or

otherwise impractical for the pre-commencement intended parent, or pre-commencement intended parents, to comply with the requirement.Example for paragraph (b)—

It was impracticable to obtain independent legal advice before entering into the pre-commencement surrogacy arrangement.

However, to dispense with the requirement under section 22(2)(h) for a person to consent to the making of the parentage order, the circumstances for giving the dispensation must be either that—

the person has died or is not a person with capacity to give the consent; or

an applicant can not locate the person after making all reasonable enquiries.