Victorian Current Acts

STATUS OF CHILDREN ACT 1974 - SECT 46

    (1)     Part IV applies in respect of a child born to a surrogate mother under a surrogacy arrangement if—

        (a)     the child was born—

              (i)     before the commencement of Part 14 of the 2008 Act; or

              (ii)     within 10 months of that commencement; and

        (b)     the commissioning parents were ordinarily resident in Victoria at the time the child was conceived.

    (2)     Subsection (1) applies whether or not the child was conceived in Victoria.

    (3)     Nothing in Part IV affects the vesting in possession or in interest of any property that occurred before the commencement of Part 14 of the 2008 Act.

S. 46(4) inserted by No. 80/2014 s. 40.

    (4)     On and from the commencement of Part 6 of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 , this section applies subject to section 48.

S. 47 inserted by No. 76/2008 s. 147.