Queensland Consolidated Acts

SURROGACY ACT 2010 - SECT 46

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—

(a) 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.

(2) The 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).

(4) 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 enquiries; or

(b) the person has died.