Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 4.34

Evidence from applicant and surrogate mother

             (1)  The evidence must include a copy of the surrogacy agreement (if any), however described.

             (2)  The evidence must include evidence from the applicant that establishes the applicant's personal circumstances, including those personal circumstances:

                     (a)  at the time the surrogacy procedure took place; and

                     (b)  in the period immediately before the surrogacy arrangement was entered into; and

                     (c)  in the period immediately before conception; and

                     (d)  in the period immediately after the birth of the child and during subsequent arrangements for the care of the child.

Note:          If several applicants jointly file an application for a parenting order to which this Division applies, each applicant must file an affidavit that establishes the matters mentioned in paragraphs (2)(a) and (b).

             (3)  The evidence must include evidence from the surrogate mother that establishes the surrogate mother's personal circumstances, including those personal circumstances:

                     (a)  at the time the surrogacy procedure took place; and

                     (b)  in the period immediately before the surrogacy arrangement was entered into; and

                     (c)  in the period immediately before conception; and

                     (d)  in the period immediately after the birth of the child and during subsequent arrangements for the care of the child.

             (4)  The evidence must include evidence from the surrogate mother as to the following:

                     (a)  whether the surrogacy arrangement was made with her informed consent;

                     (b)  whether she received counselling before entering into the surrogacy arrangement;

                     (c)  whether she received any legal advice before entering into the surrogacy arrangement.



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