Status of Children Act 1974

Despite section 29E(1)(f), the court may dispense with consent of the surrogate mother if satisfied—

that the intended parents cannot, after reasonable inquiries, find the surrogate mother; or

that the surrogate mother is deceased; or

on evidence given in accordance with subsection (4), that the surrogate mother is, and is likely to continue to be, in such a physical or mental condition as to be incapable of properly considering whether to give consent.

Despite section 29E(2), the court may dispense with consent of the surrogate mother's partner if satisfied—

that the intended parents cannot, after reasonable inquiries, find the surrogate mother's partner; or

that the surrogate mother's partner is deceased; or

on evidence given in accordance with subsection (4), that the surrogate mother's partner is, and is likely to continue to be, in such a physical or mental condition as to be incapable of properly considering whether to give consent.

For the purposes of subsections (1)(a) and (2)(a), the intended parents have made reasonable inquiries if they have—

sent the person a letter, by registered post, to the person's last known place of residence and seeking the person's consent; and

sent a letter referred to in paragraph (a) to the address of any other person that the intended parents believe may know where the person may be found; and

made any other enquiries the court determines.

For the purposes of subsections (1)(c) and (2)(c), the evidence required is a certificate signed by at least two persons registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) certifying as to the matters referred to in that paragraph.