Victorian Current Acts

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STATUS OF CHILDREN ACT 1974 - SECT 28

Court may order discharge of substitute parentage order

    (1)     On an application under section 27, the court may make an order discharging a substitute parentage order if it is satisfied that—

        (a)     the substitute parentage order was obtained by fraud, duress or other improper means; or

        (b)     a consent relied on for the making of the substitute parentage order was not an effective consent because it was obtained by fraud, duress or material inducement; or

        (c)     there is an exceptional reason the substitute parentage order should be discharged.

    (2)     The court must not make an order under subsection (1) discharging a substitute parentage order unless—

        (a)     the order is in the best interests of the child whose parentage would be affected; and

        (b)     the court is satisfied that reasonable efforts have been made to give notice of the application to—

              (i)     the surrogate mother of the child whose parentage would be affected; and

              (ii)     if the surrogate mother had a partner who was also a party to the surrogacy arrangement, that partner; and

S. 28(2)(b)(iii) amended by No. 39/2021 s. 49.

              (iii)     each of the intended parents; and

              (iv)     if the court considers it appropriate having regard to the child's age, the child whose parentage would be affected.

    (3)     If the court makes an order discharging the substitute parentage order, the court must declare the name by which the child is to be known, having regard to the principle that a child's first name should not be changed except in special circumstances.

    (4)     A declaration under subsection (3) does not prevent a subsequent change of name under a law of the State.

    (5)     On making an order discharging a substitute parentage order, the court may make any consequential or ancillary order it thinks fit in the interests of justice or in the best interests of the child whose parentage is affected, including any order relating to—

        (a)     the ownership or possession of property; or

        (b)     any matter affecting the child in relation to the duties, powers, responsibilities and authority which, by law, parents have in relation to children; or

        (c)     the domicile of the child.

    (6)     For the purposes of subsection (1), material inducement does not include the reimbursement of costs as permitted by section 44 of the Assisted Reproductive Treatment Act 2008 .

S. 29 inserted by No. 76/2008 s. 147.



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