Australian Capital Territory Current Acts Australian Capital Territory Current Acts(1) The Supreme Court may make a parentage order about a child mentioned in section 28F (1) if satisfied that—
(a) the making of the order is in the best interests of the child; and
(b) each presumed parent freely, and with a full understanding of what is involved, agrees to the making of the order; and
(c) the requirements of subdivision 2.5.2 are met.
(2) The Supreme Court may make a parentage order about a child mentioned in section 28F (2) if satisfied that—
(a) the making of the order is in the best interests of the child; and
(b) there is a pressing disadvantage facing the child that would be alleviated by making a parentage order about the child; and
(c) each presumed parent freely, and with a full understanding of what is involved, agrees to the making of the order; and
(d) the requirements of subdivision 2.5.2, other than the requirement in section 28D (Reasonable expenses incurred), are met as if the commercial surrogacy arrangement mentioned in section 28F (2) (a) were a surrogacy arrangement mentioned in section 28F (1) (a); and
(e) it is reasonable in all the circumstances to make the parentage order.
Note The making of a parentage order about a child born under a commercial surrogacy arrangement does not affect a person's criminal responsibility under pt 4—see s 31 (Effect of surrogacy arrangements).
(3) In making an order under subsection (1) or (2), the Supreme Court may do any of the following:
(a) dispense with the requirement under subsection (1) (b) or (2) (c) in relation to a presumed parent if satisfied that the presumed parent is dead or incapacitated or, despite reasonable steps having been taken, cannot be contacted;
(b) dispense with the following requirements of subdivision 2.5.2 if satisfied that doing so is in the best interests of the child:
(i) section 26 (Surrogacy arrangement must be in writing);
(ii) section 28 (Legal advice);
(iii) section 28A (Counselling).