Victorian Current Acts

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STATUS OF CHILDREN ACT 1974 - SECT 29E

Court may make registration order

    (1)     The court may make a registration order if satisfied that—

        (a)     making the order is in the best interests of the child; and

S. 29E(1)(b) amended by No. 39/2021 s. 51.

        (b)     the intended parents did not enter into the surrogacy arrangement for the purpose of avoiding requirements under this Part or the Assisted Reproductive Treatment Act 2008 that would have applied to the arrangement if the child had been conceived in Victoria; and

S. 29E(1)(c) amended by No. 39/2021 s. 51.

        (c)     at the time the surrogacy arrangement was entered into, the intended parents had a genuine connection to the Australian State or Territory in which the child was conceived; and

S. 29E(1)(d) amended by No. 39/2021 s. 51.

        (d)     the child was living with at least one of the intended parents at the time the application for the registration order was made; and

        (e)     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

        (f)     the surrogate mother freely consents to the making of the order; and

        (g)     the surrogate mother was at least 25 years of age before entering into the surrogacy arrangement.

    (2)     If the surrogate mother's partner is a party to the surrogacy arrangement, before making a registration order the court must also consider whether her partner consents to the making of the order.

    (3)     For the purposes of subsection (1)(e), material benefit or advantage does not include any reimbursement of costs permitted by—

        (a)     the relevant corresponding interstate surrogacy law; or

        (b)     any prescribed law of the other Australian State or Territory in which the corresponding surrogacy parentage order was made.

    (4)     On making a registration 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 birth registration is affected having regard to—

        (a)     the registration order; and

        (b)     any order made in respect of the child in another Australian State or a Territory, including an order made under the corresponding interstate surrogacy law of that Australian State or Territory.

S. 29F inserted by No. 80/2014 s. 35.



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