Victorian Current Acts

STATUS OF CHILDREN ACT 1974 - SECT 23

    (1)     This section applies if—

        (a)     a surrogacy arrangement was commissioned without the assistance of a registered ART provider; and

        (b)     the surrogate mother became pregnant as a result of artificial insemination; and

S. 23(1)(c) amended by No. 39/2021 s. 46.

        (c)     the intended parents apply under section 20 for a substitute parentage order.

    (2)     In addition to the matters set out in section 22, the court must also be satisfied—

        (a)     that the surrogate mother was at least 25 years of age before entering the arrangement; and

S. 23(2)(b) amended by No. 39/2021 s. 46.

        (b)     that the intended parents, the surrogate mother and, if her partner is a party to the surrogacy arrangement, her partner have—

              (i)     received counselling about the social and psychological implications of making the substitute parentage order, including counselling, if relevant, about any of the matters prescribed for the purposes of section 43(a) of the Assisted Reproductive Treatment Act 2008 ; and

              (ii)     received counselling about the implications of the relinquishment of the child and the relationship between the surrogate mother and the child once the substitute parentage order is made; and

              (iii)     obtained information about the legal consequences of making the substitute parentage order.

S. 23(3) substituted by No. 24/2019 s. 7.

    (3)     For the purposes of subsection (2)(b), the person must have received counselling from—

        (a)     a counsellor who provides counselling on behalf of a registered ART provider; or

        (b)     a person who meets the prescribed requirements for providing counselling.

S. 24 inserted by No. 76/2008 s. 147.