{"id":"local-court-surrogacy-rules-2022","name":"LOCAL COURT (SURROGACY) RULES 2022","slug":"local-court-surrogacy-rules-2022","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176963,"registerId":"nt-local-court-surrogacy-rules-2022-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"LOCAL COURT (SURROGACY) RULES 2022","content":"NORTHERN TERRITORY OF AUSTRALIA\nLOCAL COURT (SURROGACY) RULES 2022\nAs in force at 1 August 2025\nTable of provisions\nPart 1 Preliminary matters\n1 Title .................................................................................................. 1\n2 Commencement .............................................................................. 1\n3 Interpretation ................................................................................... 1\n4 Surrogacy proceedings .................................................................... 2\n5 Procedure wanting or in doubt ......................................................... 2\n6 Dispensing with compliance ............................................................ 2\nPart 2 General matters\n7 Filing application .............................................................................. 2\n8 Forms .............................................................................................. 2\n9 Service of documents ...................................................................... 3\n10 Pre-hearing conference ................................................................... 3\n11 Duty to make full and frank disclosure ............................................. 4\nPart 3 Application for parentage order\n12 Affidavits in support of parentage order ........................................... 4\n13 Affidavit of applicant for parentage order ......................................... 5\n14 Affidavit of surrogate mother in support of parentage order ............ 6\n15 Other affidavits in support of parentage order ................................. 7\nPart 4 Application for revocation of parentage\norder\n16 Affidavit of applicant to revoke parentage order .............................. 7\n17 Response to revocation of parentage order..................................... 7\n18 Affidavit of respondent ..................................................................... 7\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 1 August 2025\n____________________\nLOCAL COURT (SURROGACY) RULES 2022\nRules under the Local Court Act 2015\nPart 1 Preliminary matters\n1 Title\nThese Rules may be cited as the Local Court (Surrogacy)\nRules 2022.\n2 Commencement\nThese Rules commence on the day that section 2 of the Surrogacy\nAct 2022 commences.\n3 Interpretation\n(1) In these Rules:\napplicant means a person who is applying for a parentage order.\napplication means an application to the Court under the Surrogacy\nAct 2022.\napproved means approved by the Chief Judge.\nbirth parent, see section 3 of the Surrogacy Act 2022.\nchild means a child born under a surrogacy arrangement.\nintended parent, see section 3 of the Surrogacy Act 2022.\nparentage order, see section 34 of the Surrogacy Act 2022.\npartner, see section 3 of the Surrogacy Act 2022.\nrespondent means a person who is opposing the revocation of a\nparentage order.\nsurrogacy arrangement, see section 3 of the Surrogacy Act 2022.\n\nPart 2 General matters\nLocal Court (Surrogacy) Rules 2022 2\nsurrogate mother, see section 3 of the Surrogacy Act 2022.\n(2) Unless the context or subject matter otherwise indicates or\nrequires, a word or expression used in the Local Court (Civil\nJurisdiction) Rules 1998 has the same meaning in these Rules.\n4 Surrogacy proceedings\nThese Rules apply in relation to any proceeding in the Court under\nthe Surrogacy Act 2022.\n5 Procedure wanting or in doubt\n(1) The Court may adopt and apply, with the necessary changes, any\nrelevant procedures, rules and forms observed and used in the\nLocal Court (Civil Jurisdiction) Rules 1998 if the manner or form of\nthe following is not prescribed by these Rules or by or under an Act:\n(a) the procedure for commencing or taking a step in\nproceedings;\n(b) the procedure by which the jurisdiction, power or authority of\nthe Court is to be exercised.\n(2) An act done in accordance with an order made or direction given\nunder subrule (1) is taken to be regular and sufficient.\n6 Dispensing with compliance\nThe Court may dispense with compliance with these Rules either\nbefore or after the time for compliance arises.\nPart 2 General matters\n7 Filing application\nAn application filed in the Court is taken to be made on the date of\nfiling.\nNotes for rule 7\n1 An application for a parentage order under section 26 of the Surrogacy\nAct 2022 is made by the intended parent or intended parents of the child.\n2 An application for revocation of a parentage order under section 40 of the\nSurrogacy Act 2022 may be made by the persons specified in that section.\n8 Forms\nThe following must be in a form approved by the Chief Judge:\n(a) an application;\n\nPart 2 General matters\nLocal Court (Surrogacy) Rules 2022 3\n(b) a response to an application;\n(c) an affidavit of service;\n(d) a notice to the Registrar under section 46(2) of the Surrogacy\nAct 2022.\n9 Service of documents\n(1) All documents to be served under the Surrogacy Act 2022 or these\nRules must be served personally, unless the Court orders\notherwise.\n(2) All documents supporting an application or a response to an\napplication must be served on the same persons as the notices of\nthe relevant application under sections 26(5) and 40(3) of the\nSurrogacy Act 2022.\n(3) An affidavit of service must be filed in the Court for each document\nserved under the Surrogacy Act 2022 or these Rules no later than\n7 days before the day fixed for the first pre-hearing conference.\n(4) An affidavit of service must depose:\n(a) the nature or identity of the document served; and\n(b) who served the document; and\n(c) the time, date and other particulars constituting service.\n10 Pre-hearing conference\n(1) On the filing of an application, a registrar must:\n(a) fix a date and time for the holding of a pre-hearing conference;\nand\n(b) return to the applicant a copy, affixed with the seal of the\nCourt, of the application for service.\n(2) The date for a pre-hearing conference must be no later than\n14 days after the application is filed or as soon as practicable after\nthat 14-day period.\n(3) A pre-hearing conference must be held informally.\n(4) Each party to the application must attend the pre-hearing\nconference in one of the following ways:\n(a) in person;\n\nPart 3 Application for parentage order\nLocal Court (Surrogacy) Rules 2022 4\n(b) by a legal practitioner.\n(5) At the pre-hearing conference the Court may do any of the\nfollowing:\n(a) give the directions it thinks necessary regarding the\nappointment of a legal practitioner to represent the child;\n(b) give the directions it thinks necessary for the expeditious\ndetermination of the proceedings, including the filing of\nadditional evidence;\n(c) adjourn the pre-hearing conference;\n(d) fix a date for the hearing of the application.\n11 Duty to make full and frank disclosure\nEach party to a proceeding has a duty to the Court to make known\nfully and frankly all matters relevant to the making of a parentage\norder or the revocation of a parentage order, whether those matters\ntend to support or not to support making or revoking the order.\nPart 3 Application for parentage order\n12 Affidavits in support of parentage order\n(1) In addition to the material required by section 28 of the Surrogacy\nAct 2022, an application for a parentage order must be supported\nby an affidavit by each of the following persons:\n(a) each applicant;\n(b) the surrogate mother;\n(c) any other birth parent of the child;\n(d) any other party to the surrogacy arrangement.\n(2) In the case of 2 applicants, one applicant's affidavit may rely on\nfacts deposed to in the other applicant's affidavit.\n(3) Despite subrule (1), an affidavit by a person referred to in\nsubrule (1)(b), (c) or (d) is not required if the Court dispenses with\nthe consent of that person under section 32(3) or (4) of the\nSurrogacy Act 2022.\n\nPart 3 Application for parentage order\nLocal Court (Surrogacy) Rules 2022 5\n13 Affidavit of applicant for parentage order\nThe affidavit of the applicant for a parentage order must depose the\nfollowing matters:\n(a) the location and residence of the child at the time of the\napplication, including particulars of the person or persons with\nwhom the child resides or who has the care and custody of the\nchild;\n(b) the proposed names of the child;\n(c) the names, including maiden family name if applicable, of\neach applicant;\n(d) the date of birth, or age, and place of birth of each applicant;\n(e) if there are 2 joint applicants:\n(i) whether they are partners; and\n(ii) if they are married – the date and place of their\nmarriage;\n(f) the place of residence of each applicant and whether the\napplicant is an Australian citizen or permanent resident;\n(g) if there are 2 intended parents in the surrogacy arrangement\nbut only one applicant – the reason the other intended parent\nis not an applicant;\n(h) the reasons for each applicant entering into the surrogacy\narrangement;\n(i) whether any party to the surrogacy arrangement was offered\nor is to receive a payment, reward or other material benefit or\nadvantage, other than reasonable costs allowed under\nsection 12 of the Surrogacy Act 2022;\n(j) whether any payment, reward or other material benefit or\nadvantage was offered to or received by a person for any of\nthe following:\n(i) agreeing to enter into, or entering into, the surrogacy\narrangement;\n(ii) permanently relinquishing custody of a child born under\nthe surrogacy arrangement;\n\nPart 3 Application for parentage order\nLocal Court (Surrogacy) Rules 2022 6\n(iii) consenting to the making of a parentage order for a child\nborn under the surrogacy arrangement;\n(k) if an applicant has or had any children:\n(i) the given names, sex or gender and date of birth of each\nchild (including a deceased child); and\n(ii) whether a child is deceased; and\n(iii) if there are or were 2 intended parents – whether the\nchild is or was of their relationship;\n(l) that each applicant consents to the making of a parentage\norder;\n(m) if an applicant is asking the Court to dispense with consent of\nan intended parent under section 32(2) of the Surrogacy\nAct 2022, the grounds for that dispensation;\n(n) any other matters relevant to the application.\nNote for rule 13(g)\nIf there are 2 intended parents, they are expected to be joint applicants, unless\nthere is a reason allowed under section 26(3) of the Surrogacy Act 2022, for\nexample they are no longer partners.\n14 Affidavit of surrogate mother in support of parentage order\nThe affidavit of the surrogate mother in support of the parentage\norder must depose the following matters:\n(a) the name, including maiden family name if applicable, of the\nsurrogate mother;\n(b) the date of birth, or age, and place of birth of the surrogate\nmother;\n(c) if the surrogate mother has a partner:\n(i) the name of the partner; and\n(ii) if married, the date and place of their marriage; and\n(iii) whether the partner is a birth parent of the child;\n(d) the place of residence of the surrogate mother and whether\nshe is an Australian citizen or permanent resident;\n(e) that the surrogate mother consents to the making of the\nparentage order sought by the applicant;\n\nPart 4 Application for revocation of parentage order\nLocal Court (Surrogacy) Rules 2022 7\n(f) any other matters relevant to the application.\n15 Other affidavits in support of parentage order\nThe affidavit of another birth parent of the child or any other party to\nthe surrogacy arrangement in support of the parentage order must\ndepose the following matters:\n(a) the name, including maiden family name if applicable, of the\nperson;\n(b) the date of birth, or age, and place of birth of the person;\n(c) that the person consents to the making of the parentage order\nsought by the applicant;\n(d) any other matters relevant to the application.\nPart 4 Application for revocation of parentage order\n16 Affidavit of applicant to revoke parentage order\n(1) An application for revocation of a parentage order under section 40\nof the Surrogacy Act 2022 must be supported by an affidavit by the\napplicant.\n(2) The affidavit of the applicant for revocation of a parentage order\nmust depose the following matters:\n(a) a copy of the parentage order;\n(b) the reasons for the revocation;\n(c) any other matters relevant to the application.\n17 Response to revocation of parentage order\nAny person who opposes an application to revoke a parentage\norder must file a response to the application in the approved form.\n18 Affidavit of respondent\n(1) The respondent must file an affidavit in support of the response as\ndirected by the Court and no later than 14 days before the day fixed\nfor the hearing.\n(2) The affidavit of the respondent must depose the following matters:\n(a) the reasons for opposing the revocation;\n\nPart 4 Application for revocation of parentage order\nLocal Court (Surrogacy) Rules 2022 8\n(b) any other matters relevant to the response.\n\nENDNOTES\nLocal Court (Surrogacy) Rules 2022 9\nENDNOTES\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nRegulations\nLocal Court (Surrogacy) Rules 2022 (SL No. 26, 2022)\nDate made 15 December 2022\nCommenced 20 December 2022 (r 2, s 2 Surrogacy Act 2022 (Act No. 8,\n2022) and Gaz S66, 20 December 2022)\nAttorney-General Legislation Amendment Act 2025 (Act No. 14, 2025)\nAssent date 6 June 2025\nCommenced 1 August 2025 (Gaz G14, 10 July 2025, p 1)\n3 GENERAL AMENDMENTS\nr 1 Act No. 14, 2025, s 33","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing procedural rules for surrogacy proceedings in the Local Court. It covers parentage order applications and revocations as intended, without significant expansion into unrelated areas. The 2025 amendment (Act No. 14) appears to be a technical update (section 33) rather than a scope expansion."},"complexity_factors":["Heavy reliance on defined terms from the Surrogacy Act 2022 (8 terms explicitly deferred to the Act, plus general incorporation of the Local Court (Civil Jurisdiction) Rules 1998 definitions)","Cross-referencing to primary legislation (Surrogacy Act 2022) for substantive requirements, creating a two-document reading requirement","Conditional logic in affidavit requirements (e.g., rule 12(3) dispensation exception, rule 13(2) allowing cross-reliance between joint applicants)","Multiple procedural deadlines (7 days for service affidavits, 14 days for pre-hearing conference, 14 days for respondent affidavits)","Nested requirements for affidavit content (rule 13 has 14 sub-paragraphs with multiple sub-sub-paragraphs)","Incorporation by reference of external procedural rules (Local Court (Civil Jurisdiction) Rules 1998) when these Rules are silent"],"plain_english_summary":"**What this legislation does:**\n\nThese are procedural rules for the Northern Territory Local Court that govern how surrogacy-related cases are handled. They set out the paperwork, timelines, and court processes for two main situations:\n\n*   **Applying for a parentage order** — where intended parents ask the court to legally recognise them as the child's parents (transferring parentage from the surrogate mother to them)\n*   **Revoking (cancelling) a parentage order** — where someone applies to undo an existing parentage order\n\n**Who it affects:**\n\n*   **Intended parents** (people who arranged for a surrogate to carry their child)\n*   **Surrogate mothers** (women who carried the child for someone else)\n*   **Birth parents** (including the surrogate's partner if they are also a biological parent)\n*   **Children born through surrogacy arrangements**\n*   **Local Court registrars and judges** handling these cases\n\n**Key practical requirements:**\n\n*   **Personal service** — Documents must usually be handed to people in person, not just posted or emailed\n*   **Affidavits** — Sworn written statements are required from all parties, detailing identity, consent, residence, whether money changed hands illegally, and the child's living arrangements\n*   **Pre-hearing conference** — A mandatory informal meeting within 14 days of filing to sort out legal representation for the child and set timelines\n*   **Full disclosure** — Everyone must tell the court everything relevant, even if it hurts their case\n*   **Strict timelines** — Affidavits of service must be filed 7 days before the pre-hearing conference; respondent affidavits 14 days before hearing\n\n**Why it matters:**\n\nSurrogacy is legally complex because it involves transferring parental rights from the birth mother to non-biological parents. These rules ensure the process is transparent, protects the child's interests (including requiring the court to consider separate legal representation for the child), and prevents commercial surrogacy (where people pay for babies) by requiring detailed disclosures about any payments. They balance efficiency (fast pre-hearing conferences) with thoroughness (comprehensive affidavit requirements) to ensure surrogacy arrangements are genuinely consensual and in the child's best interests."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These Rules are procedural: they prescribe court steps, evidence and timelines for proceedings under the Surrogacy Act 2022 and do not change who may apply or substantive eligibility under that Act. The endnotes record a 2025 amendment to rule 1 (r 1 Act No. 14, 2025, s 33), which appears to be a formal amendment to the Rules but contains no text in the instrument indicating a substantive expansion or narrowing of the Rules' procedural scope."},"complexity_factors":["Detailed affidavit requirements for applicants, surrogate mother, other birth parents and parties (rules 12–15, 16–18) increase documentary burden.","Strict service and filing timing: personal service by default; affidavit of service filed no later than 7 days before first pre‑hearing conference (rule 9(1), 9(3)); pre‑hearing fixed within 14 days of filing (rule 10(2)).","Pre‑hearing conference obligations require party attendance in person or by lawyer and allow the Court to direct appointment of a legal representative for the child (rule 10(3)–(5)).","Duty to make full and frank disclosure imposes broad evidentiary obligations on parties (rule 11).","Court discretion to adopt, with changes, procedures from Local Court (Civil Jurisdiction) Rules 1998 where these Rules are silent increases interpretive reliance on external rules (rule 5).","Court power to dispense with compliance before or after deadlines creates procedural flexibility but also uncertainty (rule 6).","Mandatory use of forms approved by the Chief Judge centralises form standards (rule 8).","Cross-references to the Surrogacy Act 2022 for substantive eligibility and consent matters require concurrent reading of primary legislation (multiple rules rely on defined terms and Act provisions)."],"plain_english_summary":"These Rules set the Local Court’s procedure in the Northern Territory for surrogacy matters under the Surrogacy Act 2022: how to start cases, serve and file documents, hold pre‑hearing conferences, and what affidavits and disclosures are required for parentage orders and revocations. They apply to intended parents, surrogate mothers, other birth parents and parties to surrogacy arrangements, and to the Court and registrar. Parties must personally serve and file specified affidavits, attend pre‑hearing conferences within set timeframes, while the Court may adopt civil rules or dispense with compliance."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available information, the rules appear to remain focused on their original intent: providing procedural guidance for surrogacy-related applications in the Local Court. There is no indication of scope creep or expansion beyond court procedure into substantive surrogacy rights or entitlements."},"complexity_factors":["Limited substantive content is visible in the provided text — the document appears to be a metadata/header shell rather than the full rules, making comprehensive analysis difficult","Surrogacy law itself involves intersecting areas (family law, parentage law, court procedure) which adds moderate complexity","Procedural rules tend to be technical but not conceptually difficult for practitioners familiar with court processes","The interaction between these Local Court rules and broader state/territory surrogacy legislation may require cross-referencing multiple instruments","The document metadata is incomplete (no gazette number, gazette date, or maker listed), suggesting the provided extract is a legislative register entry rather than the full legislative instrument"],"plain_english_summary":"These Local Court rules set the procedural steps for handling surrogacy matters in the Local Court—how cases are filed, what forms and hearings are required—and so affect intended parents, surrogates, their lawyers and court staff. \n\nThey ensure the court process for transferring legal parenthood runs consistently and avoids delays or technical rejections. These are procedural (not substantive) rules, administered by the Attorney‑General’s Department and in force from 1 August 2025."}},"importantCases":[],"_links":{"self":"/api/acts/local-court-surrogacy-rules-2022","history":"/api/acts/local-court-surrogacy-rules-2022/history","analysis":"/api/acts/local-court-surrogacy-rules-2022/analysis","conflicts":"/api/acts/local-court-surrogacy-rules-2022/conflicts","importantCases":"/api/acts/local-court-surrogacy-rules-2022/important-cases","documents":"/api/acts/local-court-surrogacy-rules-2022/documents"}}