Queensland Consolidated Acts

SURROGACY ACT 2010 - SECT 23

23 Dispensing with a requirement

(1) The court may not dispense with a requirement mentioned in section 22 (2) (a) or (e) (iii) , (iv) or (vi) .

(2) The court may dispense with a requirement mentioned in section 22 (2) (b) to (d) , (e) (i) , (ii) or (v) , or (f) to (i) only if the court is satisfied—

(a) there are exceptional circumstances for giving the dispensation; and

Example of exceptional circumstances for dispensing with the requirement under section 22(2)(g)(ii) —

One of the joint applicants is temporarily residing outside Queensland because of work commitments but is still in a spousal relationship with the other joint applicant who is resident in Queensland.

(b) the dispensation will be for the wellbeing, and in the best interests, of the child.

(3) However, to dispense with the requirement under section 22 (2) (h) for a person to consent to the making of the parentage order, the exceptional circumstances for giving the dispensation must be either that—

(a) the person has died or is not a person with capacity to give the consent; or

(b) an applicant can not locate the person after making all reasonable enquiries.