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SURROGACY ACT 2010 - SECT 47
Making a discharge order
47 Making a discharge order
(1) On an application under this part, the court may make a discharge order
discharging a parentage order in relation to a child.
(2) The court may make
the discharge order only if the court is satisfied of all of the following
matters— (a) reasonable efforts have been made to serve the application
on— (i) each other interested person (other than the Attorney-General); and
(ii) if the child is under 18 years but the court considers it appropriate
having regard to the child’s age—the child;
(b) one of the grounds
mentioned in section 46 (1) (a) , (b) or (c) .
(3) If the court makes a
discharge order, the court must, in the same order, declare the first name and
surname by which the child is to be known after the making of the discharge
order.
(4) In declaring a first name under subsection (3) , the court must
have regard to the principle that a child’s first name should be retained
except in special circumstances.
(5) Also, if the child has been served with
a copy of the application, in declaring a name under subsection (3) the court
must consider the child’s views about his or her name.
(6) A declaration of
names in a discharge order does not prevent a subsequent change of name under
a law of the State or the Commonwealth.
(7) If the court makes a discharge
order, it may also make any other order it considers appropriate in the
interests of justice or to ensure the child’s wellbeing and best interests,
including an order relating to— (a) the ownership or possession of property;
or
(b) any matter affecting the child in relation to the duties, powers,
responsibilities and authority which, by law, parents have in relation to
children; or
(c) where the child is to live.
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