Victorian Current Acts Victorian Current ActsS. 20(1) amended by No. 39/2021 s. 43.
(1) The intended parents of a child born under a surrogacy arrangement may apply to the court for a substitute parentage order if—
(a) the child was conceived as a result of a procedure carried out in Victoria; and
S. 20(1)(b) amended by No. 39/2021 s. 43.
(b) the intended parents live in Victoria at the time of making the application.
(2) An application for a substitute parentage order must be made—
(a) not less than 28 days, and not more than 6 months after the birth of the child; or
(b) at another time with leave of the court.
S. 20(3) amended by No. 39/2021 s. 43.
(3) Before the court hears the application, the intended parents must file a certified copy of the child's birth certificate (if available) with the court.
S. 21 (Heading) amended by No. 39/2021 s. 44(1).
S. 21 inserted by No. 76/2008 s. 147.
21 intended parents presumed to be named as legal parents
S. 21(1) amended by No. 39/2021 s. 44(2).
(1) If the court decides to make a substitute parentage order, it is presumed that the intended parents will be named on the order as the child's legal parents.
S. 21(2) amended by No. 39/2021 s. 44(3).
(2) A presumption under subsection (1) is only rebuttable by evidence that a person named as an intended parent did not consent to the surrogacy arrangement.
S. 22 inserted by No. 76/2008 s. 147.