Australian Capital Territory Current Acts

PARENTAGE ACT 2004 - SECT 31B

    (1)     This section applies if—

        (a)     a commercial arrangement was entered into before the commencement day; and

        (b)     a person gave birth to a child, under the commercial arrangement, before the commencement day; and

        (c)     there is no parentage order in force in relation to the child before the commencement day; and

        (d)     subdivision 2.5.3 would apply to the child had the arrangement been an arrangement mentioned in section 28F (2) (a) entered into on or after the commencement day; and

        (e)     the person or people who intend to be taken to be the parent or parents of the child under the arrangement live in the ACT.

    (2)     The person or people may apply to the Supreme Court under section 28G for a parentage order for the child as if—

        (a)     the commercial arrangement is a commercial surrogacy arrangement of a kind described in section 40 (1) (a); and

        (b)     the person or people were the intended parent or intended parents of the child under the commercial surrogacy arrangement.

    (3)     The Supreme Court may make a parentage order about the child under section 28H (2) as if the child were a child mentioned in section 28F (2).

    (4)     In making a parentage order about the child, the Supreme Court need not be satisfied under section 28H (2) (d) that the requirements of subdivision 2.5.2 are met.