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SURROGACY ACT 2010 - SECT 52
Access to court records
52 Access to court records
(1) A person may not have access to the record of proceedings in the court or
the Court of Appeal in relation to a proceeding under this Act relating to a
child unless the court has, on application by the person, given approval to
the access. Note— Despite subsection (1) , if the registrar of the court
receives a request from the public trustee under section 41 (3) , the
registrar must provide the public trustee with the name and address of the
child—see section 41 (4) .
(2) Any of the following persons may apply for
access to the record of proceedings— (a) the child if 18 years or more or
if, for section 46 (4) , the court considered the child should be served with
the application;
(b) a birth parent;
(c) an intended parent;
(d) the
Attorney-General;
(e) the chief executive.
(3) The court may give access to
all or part of the record of proceedings.
(4) Without limiting the reasons
for which the court may refuse to give a person access on an application under
subsection (2) , the court may refuse to give access if— (a) the person has
not produced to the registrar or another appropriate officer of the court
proof of the person’s identity; or
(b) the person has not complied with a
requirement of the court under any law or rule of practice relating to
inspection of and release of information generally from its
record of proceedings.
(5) In this section—
"record of proceedings" includes— (a) a written transcript of the
proceedings; and
(b) the documents in the court file for the proceedings; and
(c) an appeal book in relation to the proceedings.
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