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STATUS OF CHILDREN ACT 1974 - SECT 26

Effect of substitute parentage order

    (1)     If the court makes a substitute parentage order in respect of a child, the provisions of the Adoption Act 1984 set out in subsection (2) (the applied provisions ) apply in relation to the substitute parentage order as if that order were an adoption order made under that Act and as if the child were an adopted child.

    (2)     The applied provisions are sections 53 to 58 of the Adoption Act 1984 , except sections 53(1)(d) and (e).

    (3)     An applied provision applies to a substitute parentage order as if—

        (a)     a reference to an adopted child were a reference to a child who is the subject of a substitute parentage order; and

S. 26(3)(b) amended by No. 39/2021 s. 48(1).

        (b)     a reference to an adoptive parent were a reference to the intended parents in whose favour the substitute parentage order was made; and

        (c)     a reference to the commencement of the Adoption of Children Act 1964 were a reference to the commencement of the Assisted Reproductive Treatment Act 2008 ; and

        (d)     a reference to an adoption order were a reference to a substitute parentage order made under this Act; and

        (e)     any other necessary changes have been made to the applied provision.

Note to s. 26 amended by No. 39/2021 s. 48(2).

Note

The applied provisions clarify the effect of a substitute parentage order by reference to the Adoption Act 1984 rather than inserting new provisions in this Act. However, a substitute parentage order is not an adoption order and a child who is the subject of a substitute parentage order is not an adopted child.

The applied provisions provide for the following—

              •     the general effect of a substitute parentage order, including that the child is to be treated in law as a child of the intended parents as if the child had been born to the intended parents (section 53);

              •     the disposition of property, whether by will or otherwise, in circumstances in which a substitute parentage order has been made (section 54);

              •     bequests by will to an unascertained person who is the subject of a substitute parentage order (section 55);

              •     the names of a child who is the subject of a substitute parentage order (section 56);

              •     the domicile of a child who is the subject of a substitute parentage order (section 57);

              •     that a substitute parentage order does not affect the distribution of property by trustees or personal representatives except in certain circumstances (section 58).

S. 27 inserted by No. 76/2008 s. 147.



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