Victorian Current Acts

STATUS OF CHILDREN ACT 1974 - SECT 24

    (1)     Despite section 22(1)(e), the court may dispense with consent of the surrogate mother if satisfied—

S. 24(1)(a) amended by No. 39/2021 s. 47.

        (a)     that the intended parents cannot, after reasonable inquiries, find the surrogate mother; or

        (b)     that the surrogate mother is deceased; or

        (c)     on evidence given in accordance with subsection (4), that the surrogate mother is, and is likely to continue to be, in such a physical or mental condition as to be incapable of properly considering whether to give consent.

    (2)     Despite section 22(3), the court may dispense with consent of the surrogate mother's partner if satisfied—

S. 24(2)(a) amended by No. 39/2021 s. 47.

        (a)     that the intended parents cannot, after reasonable inquiries, find the surrogate mother's partner; or

        (b)     that the surrogate mother's partner is deceased; or

        (c)     on evidence given in accordance with subsection (4), that the surrogate mother's partner is, and is likely to continue to be, in such a physical or mental condition as to be incapable of properly considering whether to give consent.

S. 24(3) amended by No. 39/2021 s. 47.

    (3)     For the purposes of subsections (1)(a) and (2)(a), the intended parents have made reasonable inquiries if they have—

        (a)     sent the person a letter, by registered post, to the person's last known place of residence and seeking the person's consent; and

S. 24(3)(b) amended by No. 39/2021 s. 47.

        (b)     sent a letter referred to in paragraph (a) to the address of any other person that the intended parents believe may know where the person may be found; and

        (c)     searched the roll of electors under the Commonwealth Electoral Act 1918 and confirmed that the address of the person could not be found; and

        (d)     made enquiries of such persons, bodies, agencies and government departments as might reasonably be expected to have known where the person may be found; and

        (e)     made any other enquiries the court determines.

S. 24(4) amended by No. 13/2010 s. 51(Sch. item 53).

    (4)     For the purposes of subsections (1)(c) and (2)(c), the evidence required is a certificate signed by at least two persons registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) certifying as to the matters referred to in that paragraph.

S. 25 inserted by No. 76/2008 s. 147.