Commonwealth Consolidated Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 1.10

  (1)   This rule applies to applications for parenting orders in relation to a child who was born under a surrogacy arrangement if no final parenting order in relation to the child has been made under Part   VII of the Family Law Act.

  (2)   The evidence in support of an application under this rule must include the following:

  (a)   a copy of the surrogacy agreement (if any), however described;

  (b)   evidence from each applicant that establishes the applicant's personal circumstances, including those personal circumstances:

  (i)   at the time the surrogacy procedure took place; and

  (ii)   in the period immediately before the surrogacy arrangement was entered into; and

  (iii)   in the period immediately before conception; and

  (iv)   in the period immediately after the birth of the child and during subsequent arrangements for the care of the child;

  (c)   evidence from the surrogate mother that establishes the surrogate mother's personal circumstances, including those personal circumstances:

  (i)   at the time the surrogacy procedure took place; and

  (ii)   in the period immediately before the surrogacy arrangement was entered into; and

  (iii)   in the period immediately before conception; and

  (iv)   in the period immediately after the birth of the child and during subsequent arrangements for the care of the child;

  (d)   evidence from the surrogate mother as to the following:

  (i)   whether the surrogacy arrangement was made with her informed consent;

  (ii)   whether she received counselling before entering into the surrogacy arrangement;

  (iii)   whether she received any legal advice before entering into the surrogacy arrangement;

  (e)   evidence regarding the surrogacy arrangement entered into between:

  (i)   the applicant and the surrogate mother; or

  (ii)   the applicant and the clinic (if any) at which the surrogacy procedure was performed; or

  (iii)   the applicant, the surrogate mother and the clinic (if any);

  (f)   evidence regarding the identity of the child, including:

  (i)   a certified copy of the child's birth certificate;

  (ii)   a report, prepared in accordance with regulation   21M of the Family Law Regulations, relating to the information obtained as a result of carrying out a parentage testing procedure;

  (iii)   if the child is an Australian citizen--either a certified copy of the child's Australian citizenship certificate, or if the child's name is referred to on an Australian citizenship certificate issued to one of the child's parents, a certified copy of the parent's Australian citizenship certificate;

  (iv)   if an order of the kind referred to in subsection   60HB(1) of the Act has been made in relation to the child--a copy of the order;

  (g)   evidence regarding the law in the country where the child was born in relation to:

  (i)   surrogacy arrangements; and

  (ii)   the rights of the surrogate mother in relation to the child; and

  (iii)   the rights of the surrogate mother's spouse (if any) in relation to the child.