Victorian Current Acts Victorian Current ActsS. 22(1) amended by No. 39/2021 s. 45.
(1) The court may make a substitute parentage order in favour of the intended parents if it is satisfied—
(a) that making the order is in the best interests of the child; and
(b) if the surrogacy arrangement was commissioned with the assistance of a registered ART provider, that the Patient Review Panel approved the surrogacy arrangement before the arrangement was entered into; and
S. 22(1)(c) amended by No. 39/2021 s. 45.
(c) that the child was living with the intended parents at the time the application was made; and
(d) that the surrogate mother and, if her partner is a party to the arrangement, her partner have not received any material benefit or advantage from the surrogacy arrangement; and
(e) that the surrogate mother freely consents to the making of the order.
(2) In deciding whether to make a substitute parentage order, the court may take into account any other considerations it thinks relevant.
(3) If the surrogate mother's partner is a party to the surrogacy arrangement, before making a substitute parentage order the court must also consider whether her partner consents to the making of the order.
(4) To avoid doubt, the reimbursement of costs as permitted by section 44 of the Assisted Reproductive Treatment Act 2008 is not a material benefit or advantage for the purposes of subsection (1)(d).
S. 22A inserted by No. 80/2014 s. 34.