New South Wales Consolidated Acts

SURROGACY ACT 2010 - SECT 26

26 Age and wishes of child must be considered

(1) The child must be under 18 years of age at the time the application is made.

(2) The Court must have regard to the wishes of the child, if the child is of sufficient maturity to express his or her wishes and the Court considers it appropriate to take those wishes into account.

(3) These preconditions are mandatory preconditions to the making of a parentage order.

Note : The above preconditions will generally be of relevance only to pre-commencement surrogacy arrangements, which may have been entered into some years before the commencement of this Act.