Queensland Consolidated Acts
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SURROGACY ACT 2010 - SECT 46
Application for a discharge order
46 Application for a discharge order
(1) An interested person may apply to the court for a discharge order
discharging a parentage order in relation to a child on the ground that—
the parentage order was obtained by fraud, duress or other improper means; or
(b) a consent required for the making of the parentage order was, in fact, not
given or was given for payment, reward or other material benefit or advantage
(other than the birth mother’s surrogacy costs); or
(c) there is an
exceptional reason why the parentage order should be discharged.
applicant must state the ground on which the application is made.
(3) As soon
as practicable after filing the application, the applicant must serve a copy
of it on each other interested person (other than the Attorney-General).
If the child is under 18 years, the applicant must also serve a copy of the
application on the child if the court considers it appropriate having regard
to the child’s age.
(5) A served copy must state where and when the
application is to be heard.
(6) The court may dispense with the requirement
to serve a copy of the application on a person if the court is satisfied—
(a) the applicant can not locate the person after making all reasonable
(b) the person has died.
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