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SURROGACY ACT 2010 - SECT 25
Documents and information to be produced to court
25 Documents and information to be produced to court
(1) For an application for a parentage order, the following documents must be
produced to the court— (a) a copy of the child’s birth certificate;
(b) a
copy of the surrogacy arrangement;
(c) an affidavit under section 26 sworn by
the applicant, or joint applicants;
(d) an affidavit under section 27 sworn
by the birth mother;
(e) an affidavit under section 28 sworn by the
birth mother’s spouse (if any);
(f) an affidavit under section 29 sworn by
another birth parent (if any);
(g) for the applicant, or each joint
applicant, the birth mother and the birth mother’s spouse (if any)—an
affidavit under section 30 sworn by the lawyer who gave legal advice to the
person before the surrogacy arrangement was made;
(h) an affidavit under
section 31 sworn by the appropriately qualified counsellor who gave
counselling to the birth mother, the birth mother’s spouse (if any) and the
applicant, or each joint applicant, before the surrogacy arrangement was made;
(i) an affidavit— (i) sworn by the independent and appropriately qualified
counsellor who, for the purpose of the application, interviewed the
birth mother, the birth mother’s spouse (if any), another birth parent (if
any) and the applicant, or joint applicants; and
(ii) verifying a surrogacy
guidance report under section 32 prepared by the counsellor;
(j) for each
applicant who is a woman, an affidavit from an appropriately qualified medical
practitioner verifying a report prepared by the medical practitioner as to why
the applicant is an eligible woman.
(2) Despite subsection (1) (d) , (e) and
(f) , a single affidavit satisfying the requirements mentioned in sections 27
to 29 may be sworn by the birth mother, the birth mother’s spouse (if any)
and another birth parent (if any).
(3) Despite subsection (1) (g) , a single
affidavit satisfying the requirements mentioned in section 30 may be sworn by
the following— (a) a lawyer who gave legal advice to the birth mother and
the birth mother’s spouse jointly;
(b) a lawyer who gave legal advice to
joint applicants jointly.
(4) Despite subsection (1) (h) , if the same
counsellor did not give counselling to the birth mother, the birth mother’s
spouse (if any) and the applicant, or joint applicants, affidavits under
section 31 may be sworn by more than 1 counsellor.
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