(1) An application can
be made under this Part for a parentage order only if —
(a) the
arranged parents reside in Western Australia and at least one arranged parent
has reached 25 years of age; and
(b) when
the surrogacy arrangement was entered into or after that time but before the
application is made —
(i)
the arranged parents are an eligible couple; or
(ii)
one of the arranged parents, or the arranged parent if
there is only one, is an eligible person.
(2) In subsection
(1)(b) —
eligible couple means 2 people of opposite sexes
who are married to, or in a de facto relationship with, each other and who, as
a couple —
(a) are
unable to conceive a child due to medical reasons not excluded by subsection
(3); or
(b)
although able to conceive a child, would be likely to conceive a child
affected by a genetic abnormality or a disease;
eligible person means a woman who —
(a) is
unable to conceive a child due to medical reasons not excluded by subsection
(3); or
(b)
although able to conceive a child, would be likely to conceive a child
affected by a genetic abnormality or a disease; or
(c)
although able to conceive a child, is unable for medical reasons to give birth
to a child.
(3) The medical
reasons for being unable to conceive a child that are referred to in the
definitions of eligible couple and eligible person do not include —
(a) a
reason arising from a person’s age; or
(b) a
reason prescribed for the purpose of the Human Reproductive Technology Act
1991 section 23(1)(d).