New South Wales Consolidated Acts

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SURROGACY ACT 2010 - SECT 14

Application for parentage order

14 Application for parentage order

(1) An application for a parentage order may be made by one intended parent or by 2 intended parents jointly.
(2) If there are 2 intended parents under the surrogacy arrangement, the application must be made jointly by the intended parents, unless the Court grants leave to an intended parent to make a sole application for a parentage order.
(3) The Court may grant leave to an intended parent to make a sole application for a parentage order if:
(a) the other intended parent has died or lost capacity to make decisions, or
(b) the other intended parent cannot be located after reasonable endeavours have been made to locate him or her, or
(c) the intended parents have separated, or
(d) other exceptional circumstances justify that action.
(4) The Court may, before giving leave to an intended parent to make a sole application, require the intended parent to provide evidence to the satisfaction of the Court that:
(a) the other intended parent has been given notice of the application, and
(b) the other intended parent does not wish to join the application for a parentage order.
(5) The fact that intended parents have separated does not prevent them from making a joint application for a parentage order.



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