New South Wales Consolidated Regulations

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Affidavit of Australian legal practitioner

56A.9 Affidavit of Australian legal practitioner

(1) An application for a parentage order must be accompanied by an affidavit sworn by each Australian legal practitioner who gave advice to a person for the purpose of satisfying the precondition to the making of a parentage order referred to in section 36 of the Surrogacy Act 2010 .
(2) The affidavit must state--
(a) the name of the affected party to whom the advice was given, the role of the affected party and the date the advice was given, and
(b) that independent legal advice was given to the person before the person entered into the surrogacy arrangement, and
(c) the Australian legal practitioner's belief that the person appeared to understand the legal advice given.
(3) This rule does not apply in respect of a pre-commencement surrogacy arrangement (within the meaning of the Surrogacy Act 2010 ).

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