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SURROGACY ACT 2010 - SECT 63

Application for parentage order in relation to pre-commencement surrogacy arrangement

63 Application for parentage order in relation to pre-commencement surrogacy arrangement

(1) This section applies if—
(a) a pre-commencement birth mother and a pre-commencement intended parent, or pre-commencement intended parents, were parties to a pre-commencement surrogacy arrangement; and
(b) the pre-commencement surrogacy arrangement was not a commercial surrogacy arrangement; and
(c) a child has been born as a result of the pre-commencement surrogacy arrangement; and
(d) the pre-commencement surrogacy arrangement was made before the child was conceived.
(2) Within 2 years after the commencement, the pre-commencement intended parent, or pre-commencement intended parents, may apply to the court for a parentage order.
(3) Chapter 3 applies in relation to the application and any parentage order made on the application is a parentage order under chapter 3 .
(4) In addition to the court’s power under section 23 , the court may dispense with a requirement under chapter 3 (other than a requirement mentioned in section 22 (2) (e) (iii) ) if the court considers it is—
(a) for the wellbeing, and in the best interests, of the child born as a result of the pre-commencement surrogacy arrangement to dispense with the requirement; or
(b) otherwise impractical for the pre-commencement intended parent, or pre-commencement intended parents, to comply with the requirement.
Example for paragraph (b)—
It was impracticable to obtain independent legal advice before entering into the pre-commencement surrogacy arrangement.
(5) However, to dispense with the requirement under section 22 (2) (h) for a person to consent to the making of the parentage order, the circumstances for giving the dispensation must be either that—
(a) the person has died or is not a person with capacity to give the consent; or
(b) an applicant can not locate the person after making all reasonable enquiries.



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