New South Wales Consolidated Acts

SURROGACY ACT 2010 - SECT 31

31 Affected parties must consent to order

(1) Each of the affected parties must consent to the making of the parentage order.

Note :
"Consent" is defined to mean informed consent freely and voluntarily given by a person with capacity to give the consent.

(2) The consent of a birth parent to the making of the parentage order is a mandatory precondition to the making of a parentage order unless the Court is satisfied that:

(a) the birth parent has died or lost capacity to give consent, or

(b) the birth parent cannot be located after reasonable endeavours have been made to locate him or her.

(3) If the Court grants leave to an intended parent to make a sole application in respect of a surrogacy arrangement that involves 2 intended parents, it is not necessary to establish that the intended parent who is not a party to the application consents to the making of the parentage order.