In what is understood to be only the second application heard since the commencement of the Surrogacy Act 2010, Attwood Marshall Lawyers were proud to have yesterday been a part of successfully achieving parentage orders under the Surrogacy Act 2010. The making of the orders ends the legalities involved in achieving parenthood via a surrogacy arrangement. The Surrogacy Act 2010 puts in place a strict regime of requirements which need to be satisfied in order to firstly apply for a parentage order. Such requirements include:-
- confirmation from a medical specialist that there is a medical or social need for the surrogacy arrangement;
- confirmation that all parties involved have received independent legal advice about the nature and effect of the surrogacy arrangement and that the advice was received prior to entrance into the surrogacy arrangement;
- the court being satisfied that the surrogacy arrangement is not a commercial surrogacy arrangement (with such arrangements being considered a criminal offence);
- the court being satisfied that all relevant parties obtained counselling prior to entrance into the surrogacy arrangement; and
- obtaining a “surrogacy guidance report” after the birth of a child which is compiled by a counsellor or psychologist confirming that in their opinion it is in the best interests of the child to make the parentage order.
Only after receipt of all required documents and being satisfied that the proposed orders are for the welfare of and in the best interests of the child will the court make a parentage order.
Parentage orders are required as result of the presumptions of parentage which apply until such time as the orders are made. These presumptions result in the birth parents being considered at law to be the parents of the child born as a result of the surrogacy arrangement. It is the birth parents who are listed on the child’s birth certificate and are considered to be responsible for the care and welfare of the child.
Attwood Marshall are proud to have assisted our clients in making their way through the legal minefield that such arrangements can be and having been involved in assisting a couples dreams of parenthood being realised and legally recognised.
Should you require any assistance in relation to the complex area of surrogacy law or any family law matter please do not hesitate Attwood Marshall Lawyers on 07 5536 9777 or email info@attwoodmarshall.com.au or complete an online enquiry form.
