Surrogacy Act 2012

A person who is, under a surrogacy arrangement, the only intended parent in relation to a child may apply under section 13(1) for a parentage order in relation to the child.

Subsection (1) only applies in relation to a person if, at the time the surrogacy arrangement is made – the person does not have a spouse; or the person is living separately and apart from the person's spouse.

If there are, under a surrogacy arrangement in relation to a child, 2 intended parents who were, at the time the arrangement was made, and are, at the time of the application, spouses of one another, an application under section 13(1) for a parentage order in relation to the child may only be made by both intended parents jointly.

If there are 2 intended parents under a surrogacy arrangement in relation to a child who were, at the time the arrangement was made, spouses of one another, but who are, at the time of the application, no longer spouses of one another – the application may be made under section 13(1) by both intended parents jointly; or each of the intended parents may separately apply under section 13(1) for a parentage order naming him or her as becoming a parent in relation to the child.

If there are 2 intended parents under a surrogacy arrangement in relation to a child who were not, at the time the arrangement was made, spouses of one another, neither intended parent may apply under section 13(1) for a parentage order in relation to the child.

An intended parent who makes, in accordance with subsection (4)(b), an application under section 13(1) for a parentage order in relation to a child must ensure that, at least 14 days before the date of the hearing in respect of the application, the other intended parent is served with a copy of the application.

If both intended parents, in accordance with subsection (4)(b), make separate applications under section 13(1) for a parentage order in relation to the child, the court must deal with the applications together.

If there are 2 intended parents under a surrogacy arrangement in relation to a child and one of them has died, the surviving intended parent may apply under section 13(1) for a parentage order in relation to the child.