Australian Capital Territory Current Acts

PARENTAGE ACT 2004 - SECT 55

    (1)     This section applies if—

        (a)     an arrangement, other than a commercial arrangement, was entered into before the commencement day; and

        (b)     a person gave birth to a child, under the 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)     division 2.5, as in force immediately before the commencement day, does not apply to the child, but division 2.5, as in force after the commencement day, would apply to the child had the arrangement been an arrangement mentioned in section 28F (1) (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 arrangement was a surrogacy arrangement; and

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

        (c)     section 28G (3) does not apply.

    (3)     An application mentioned in subsection (2) may only be made in the 5-year period beginning on the commencement day.

    (4)     The Supreme Court may make a parentage order about the child under section 28H (1) as if the child were a child mentioned in section 28F (1).

    (5)     In making a parentage order about the child, the Supreme Court need not be satisfied under section 28H (1) (c) that the requirements of subdivision 2.5.2 are met.