Australian Capital Territory Current Acts

PARENTAGE ACT 2004 - SECT 57

    (1)     This section applies if—

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

        (b)     a person has not given birth to a child under the commercial arrangement before the commencement day; and

        (c)     the person or people who intend to be taken to be the parent or parents of the child under the commercial 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 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 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.