{"id":"a-2004-1","name":"Parentage Act 2004","slug":"parentage-act-2004","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"1 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24045,"registerId":"act-a-2004-1-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parentage Act 2004","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nParentage Act 2004\nA2004-1\nRepublication No 11 (RI)\nEffective: 10 July 2024\nRepublication date: 10 July 2024\nReissued: 17 September 2024 for retrospective\namendments made by A2024-49\nLast amendment made by A2024-31\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Parentage Act 2004 (including any amendment made under the\nLegislation Act 2001, part 11.3 (Editorial changes)) as in force on 10 July 2024. It also includes\nany commencement, amendment, repeal or expiry affecting this republished law to 10 July 2024.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nParentage Act 2004\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\nPart 2 Establishing parentage\nDivision 2.1 General\n6 Purpose of pt 2 4\nDivision 2.2 Presumptions about parentage\n7 Presumptions arising from marriage, civil union or civil partnership 4\n8 Presumption arising from domestic partnership 5\n9 Presumptions arising from registered information 5\n10 Presumptions arising from findings of courts 6\n\nContents\nPage\ncontents 2 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Presumptions arising from procedure 7\nDivision 2.3 Effect of presumptions\n12 Whether presumptions conclusive or rebuttable 8\n13 Conflicting presumptions 8\n14 Presumptions not to allow more than 2 parents 9\nDivision 2.4 Parentage declarations\n15 Application for parentage declaration 9\n16 Further application for parentage declaration 10\n17 Refusal to hear application 10\n18 Adjournment of hearing 11\n19 Parentage declaration 11\n20 Application for annulment of parentage declaration 11\n21 Adjournment of hearing 12\n22 Annulment of parentage declaration 12\nDivision 2.5 Surrogacy\nSubdivision 2.5.1 Definitions—div 2.5\n23 Definitions—div 2.5 13\n24 Meaning of reasonable expense 14\n25 Provision of counselling 14\nSubdivision 2.5.2 Surrogacy arrangements\n26 Surrogacy arrangement must be in writing 15\n27 Parties to surrogacy arrangement 15\n28 Legal advice 15\n28A Counselling 15\n28B Age of intended parent 16\n28C Age of birth parent 16\n28D Reasonable expenses incurred 17\n28E Rights of birth parent 17\nSubdivision 2.5.3 Parentage orders\n28F Application—subdiv 2.5.3 17\n28G Application for parentage order 18\n28H Making of parentage order 19\n28I Relevant considerations for making of parentage order 20\n28J Content of parentage order 21\n\nContents\nPage\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n28K Multiple births 22\n28L Name of child 22\n29 Effect of parentage order and access to information 23\n30 Medical information 24\n31 Effect of surrogacy arrangements 25\nSubdivision 2.5.4 Parentage orders—particular arrangements entered\ninto before Parentage (Surrogacy) Amendment\nAct 2024\n31A Definitions—subdiv 2.5.4 25\n31B Parentage order—commercial arrangement made and child born\nbefore commencement day 26\n31C Effect of parentage order mentioned in s 31B and access to\ninformation 27\n31D Effect of parentage order on commercial substitute parent agreement 28\nDivision 2.6 Use of medical tests in establishing parentage\n32 Definition for div 2.6 28\n33 Application of div 2.6 29\n34 Order to carry out medical tests 29\n35 Effect of failure to comply with parentage testing order 30\n36 Reports of medical tests 30\n37 Offences related to medical tests 31\nPart 3 Status of children\n38 Children all of equal status 33\n39 Construction of instruments 33\nPart 4 Offences relating to surrogacy arrangements\n40 Meaning of commercial surrogacy arrangement 35\n41 Commercial surrogacy arrangements prohibited 36\n42 Procuring commercial surrogacy arrangements 36\n43 Advertising in relation to commercial surrogacy arrangements 36\n44 Facilitating pregnancy 37\n45 Geographical nexus for offences 38\nPart 5 Miscellaneous\n46 Joinder of parties 39\n\nContents\nPage\ncontents 4 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n47 Notification of court orders to registrar-general 39\n48 Proof of orders etc about parentage 39\n49 Approved forms 40\n50 Regulation-making power 40\nPart 7 Transitional—Parentage (Surrogacy)\nAmendment Act 2024\n53 Definitions—pt 7 41\n54 Parentage order—substitute parent agreement and no parentage\norder before commencement day 41\n55 Parentage order—arrangement made and child born before\ncommencement day 42\n56 Parentage order—arrangement made, but child not born, before\ncommencement day 43\n57 Parentage order—commercial arrangement made, but child not born,\nbefore commencement day 44\n58 Effect of parentage order mentioned in s 55 (4) and access to\ninformation 45\n59 Effect of parentage order on commercial substitute parent agreement 46\n60 Expiry—pt 7 46\nDictionary 47\nEndnotes\n1 About the endnotes 49\n2 Abbreviation key 49\n3 Legislation history 50\n4 Amendment history 52\n5 Earlier republications 57\n\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nParentage Act 2004\nAn Act relating to parentage, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Parentage Act 2004.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘birth parent, of a child, for\ndivision 2.5 (Surrogacy)—see section 23.’ means that the term ‘birth\nparent’ is defined in that section.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 5\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPart 2 Establishing parentage\nDivision 2.1 General\nSection 6\npage 4 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Establishing parentage\nDivision 2.1 General\n6 Purpose of pt 2\nThis part sets out presumptions about parentage and provides for the\nSupreme Court to make a parentage declaration that establishes who\nis a parent of a child.\nNote Parent is defined in the Legislation Act, dict, pt 1 as follows:\nparent, of a child, means—\n(a) the child’s mother; or\n(b) the child’s father; or\n(c) someone else who is presumed under the Parentage Act 2004, part 2 to be a\nparent of the child.\nDivision 2.2 Presumptions about parentage\n7 Presumptions arising from marriage, civil union or civil\npartnership\n(1) A child born to a person while the person is married or in a civil union\nor civil partnership is presumed to be a child of the person and the\nperson’s spouse, civil union partner or civil partner.\n(2) A child born to a person within 44 weeks after the death of the\nperson’s spouse, civil union partner or civil partner is presumed to be\nthe child of the person and the person’s spouse, civil union partner or\ncivil partner who died.\n(3) A child born to a person within 44 weeks after the annulment of the\nperson’s purported marriage is presumed to be the child of the person\nand the person’s purported spouse.\n\nEstablishing parentage Part 2\nPresumptions about parentage Division 2.2\nSection 8\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) A child born to a person after the end of the person’s marriage, civil\nunion or civil partnership, but within 44 weeks after the person last\nseparated from the person’s spouse or partner in that marriage, civil\nunion or civil partnership, is presumed to be the child of the person\nand the person’s spouse or partner in that marriage, civil union or civil\npartnership.\n8 Presumption arising from domestic partnership\n(1) A person is presumed to be a parent of a child if the person was in a\ndomestic partnership with another person who gave birth to the child\nat any time during the period beginning not earlier than 44 weeks, and\nending not later than 20 weeks, before the birth of the child.\n(2) This presumption applies whether the child was born before or after\nthe commencement of this Act.\n(3) However, this section does not affect the vesting in possession or in\ninterest of any property that happened before the commencement of\nthis Act.\n9 Presumptions arising from registered information\n(1) A person whose name is entered in a register as the name of a parent\nof a child is presumed to be a parent of the child.\n(2) This section applies to an entry in a register whether the entry was\nmade before or after the commencement of this Act.\n(3) In this section:\nregister means—\n(a) the register under the Births, Deaths and Marriages Registration\nAct 1997; or\n(b) a register in which births are recorded under the law of—\n(i) the Commonwealth, a State or another Territory; or\n(ii) a foreign jurisdiction prescribed under the regulations; or\n\nPart 2 Establishing parentage\nDivision 2.2 Presumptions about parentage\nSection 10\npage 6 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) another register in which information about parentage is\nrecorded under the law of—\n(i) the Commonwealth, a State or another Territory; or\n(ii) a foreign jurisdiction prescribed under the regulations.\n10 Presumptions arising from findings of courts\n(1) A person is conclusively presumed to be a parent of a child if—\n(a) during the person’s life, a court of the Territory, the\nCommonwealth, a State or another Territory has—\n(i) found expressly that the person is a parent of the child; or\n(ii) made a finding that it could not have made unless the\nperson was a parent of the child; and\n(b) the finding has not been changed, set aside or reversed.\n(2) A person is presumed to have been a parent of a child if—\n(a) after the death of the person, a court of the Territory, the\nCommonwealth, a State or another Territory has—\n(i) found expressly that the person was a parent of the child;\nor\n(ii) made a finding that it could not have made unless the\nperson was a parent of the child; and\n(b) the finding has not been changed, set aside or reversed.\n(3) In this section:\nfinding, of a court, includes an order or direction of the court.\n\nEstablishing parentage Part 2\nPresumptions about parentage Division 2.2\nSection 11\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n11 Presumptions arising from procedure\n(1) This section sets out presumptions that arise if a person undergoes a\nprocedure as a result of which the person becomes pregnant.\n(2) The person is conclusively presumed to be a parent of any child born\nas a result of the pregnancy.\n(3) If the ovum used in the procedure was produced by another person\nother than the person’s domestic partner at the time of the procedure,\nthe person who produced the ovum is conclusively presumed not to\nbe a parent of any child born as a result of the pregnancy.\n(4) If semen used in the procedure was produced by another person other\nthan the person’s domestic partner at the time of the procedure, the\nperson who produced the semen is conclusively presumed not to be a\nparent of any child born as a result of the pregnancy.\n(5) If the person undergoes the procedure with the consent of the person’s\ndomestic partner at the time of the procedure, the domestic partner is\nconclusively presumed to be a parent of any child born as a result of\nthe pregnancy.\n(6) For subsection (5), a person is presumed to consent to the carrying\nout of a procedure in relation to the person’s domestic partner, but the\npresumption is rebuttable.\n(7) The presumptions set out in this section apply—\n(a) whenever the pregnancy happened and whether or not it resulted\nfrom a procedure carried out in the ACT; and\n(b) in relation to any child born as a result of the pregnancy, whether\nor not the child was born in the ACT.\n(8) However, this section does not affect the vesting in possession or in\ninterest of any property that happened before the commencement of\nthis Act.\n\nPart 2 Establishing parentage\nDivision 2.3 Effect of presumptions\nSection 12\npage 8 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(9) In this section:\nprocedure means—\n(a) artificial insemination; or\n(b) a clinical process to transfer into the uterus of a person an\nembryo derived from an ovum fertilised outside the person’s\nbody; or\n(c) any other way (whether medically assisted or not) by which a\nperson can become pregnant other than by having sexual\nintercourse with a person.\nDivision 2.3 Effect of presumptions\n12 Whether presumptions conclusive or rebuttable\nIn a proceeding—\n(a) a conclusive presumption under division 2.2 is not rebuttable;\nand\n(b) a presumption that is not conclusive under that division is\nrebuttable by proof on the balance of probabilities.\nNote The presumptions arising under s 10 (1) (Presumptions arising from\nfindings of courts) and s 11 (Presumptions arising from procedure) are\nconclusive. The other presumptions arising under div 2.2 are not\nconclusive.\n13 Conflicting presumptions\n(1) This section applies if—\n(a) 2 or more presumptions about the parentage of a child are\nrelevant in a proceeding; and\n(b) the presumptions conflict with each other.\n\nEstablishing parentage Part 2\nParentage declarations Division 2.4\nSection 14\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) If 1 of the presumptions arises under section 10 (1) (Presumptions\narising from findings of courts), that presumption prevails over any\nother presumption.\n(3) If 1 of the presumptions arises under section 11 (Presumptions arising\nfrom procedure), that presumption prevails over any presumption\nother than a presumption that arises under section 10 (1).\n(4) If no presumption arises under section 10 (1) or section 11, the court\nmust decide which presumption prevails having regard to the interests\nof justice and the best interests of the child.\n14 Presumptions not to allow more than 2 parents\nDespite anything in this Act or in any other Territory law, a child\ncannot have more than 2 parents at any one time.\nDivision 2.4 Parentage declarations\n15 Application for parentage declaration\n(1) An application for a parentage declaration may be made to the\nSupreme Court by—\n(a) a parent of a child who claims that another particular person is\nalso a parent of the child; or\n(b) a person who claims to be a parent of a particular child; or\n(c) a person who claims that a particular person is their parent; or\n(d) the registrar-general, or someone else having a proper interest in\nthe matter, if a decision is sought about whether a particular\nperson is a parent of a particular child.\n\nPart 2 Establishing parentage\nDivision 2.4 Parentage declarations\nSection 16\npage 10 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n16 Further application for parentage declaration\n(1) This section applies if—\n(a) an application for a parentage declaration (or an appeal against\nan order dismissing an application) has been dismissed because\nthe relationship claimed in the application has not been\nestablished; or\n(b) a parentage declaration has been set aside on appeal because the\nrelationship stated in the declaration has not been established.\n(2) The applicant may make another application to the Supreme Court\nfor the declaration sought in the original application if—\n(a) facts or circumstances that existed when the original application\nwas heard were not disclosed to the court; and\n(b) the applicant—\n(i) did not know of those facts or circumstances at that time or\n(ii) could not, by the exercise of reasonable diligence, have\ndiscovered those facts or circumstances before that time.\n(3) On an application under this section, the court must receive the\nevidence given at the hearing of the original application as well as\nany evidence relating to facts or circumstances mentioned in\nsubsection (2) (a).\n(4) The court must dismiss an application under this section if, at the end\nof the evidence presented by the applicant, the court finds that the\nevidence relating to the facts and circumstances mentioned in\nsubsection (2) (a) is not material to establishing the existence of the\nrelationship that the applicant claims to exist or wishes to be decided.\n17 Refusal to hear application\nThe Supreme Court may refuse to hear an application under\nsection 15 or section 16 in relation to a child if the court considers it\nwould not be in the best interests of the child to hear the application.\n\nEstablishing parentage Part 2\nParentage declarations Division 2.4\nSection 18\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n18 Adjournment of hearing\n(1) This section applies if—\n(a) a person whose interests would, in the Supreme Court’s opinion,\nbe affected by making a parentage declaration—\n(i) is not present or represented at the hearing of the\napplication; and\n(ii) has not been given an opportunity to be present or\nrepresented; and\n(b) the court considers the person ought to be given the opportunity\nto be present or represented.\n(2) The Supreme Court may adjourn the hearing so the person can be\ngiven the opportunity.\n19 Parentage declaration\n(1) On an application under section 15 or section 16, the Supreme Court\nmay declare that a particular person is a parent of a particular child.\n(2) A parentage declaration may be made about a child whether or not—\n(a) the child is born; or\n(b) the parent or child is alive.\n20 Application for annulment of parentage declaration\nAn application for an order annulling a parentage declaration may be\nmade to the Supreme Court by—\n(a) the applicant for the declaration; or\n(b) a person named in the declaration; or\n(c) a person who would, before the declaration was made, have been\nentitled to apply for a parentage declaration about a person\nnamed in the declaration.\n\nPart 2 Establishing parentage\nDivision 2.4 Parentage declarations\nSection 21\npage 12 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n21 Adjournment of hearing\n(1) This section applies if—\n(a) a person whose interests would, in the Supreme Court’s opinion,\nbe affected by making an order annulling a parentage\ndeclaration—\n(i) is not present or represented at the hearing of the\napplication for the order; and\n(ii) has not been given an opportunity to be present or\nrepresented; and\n(b) the court considers the person ought to be given the opportunity\nto be present or represented.\n(2) The Supreme Court may adjourn the hearing so the person can be\ngiven the opportunity.\n22 Annulment of parentage declaration\n(1) The Supreme Court may, by order, annul a parentage declaration if—\n(a) the court considers that facts exist, or circumstances have arisen,\nthat—\n(i) were not disclosed to the court before the declaration was\nmade; and\n(ii) could not, by the exercise of reasonable diligence, have\nbeen disclosed to the court by the applicant when the\napplication for the declaration was heard; and\n(iii) are material to the question whether the relationship stated\nin the declaration exists; and\n(b) after considering those facts or circumstances the court is not\nsatisfied that the relationship is established.\n\nEstablishing parentage Part 2\nSurrogacy Division 2.5\nSection 23\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) However, subsection (1) (a) (ii) does not apply if the applicant for the\norder is—\n(a) a person who was a child when the declaration was made; or\n(b) the registrar-general.\n(3) If the Supreme Court makes an order annulling a declaration—\n(a) the declaration ceases to have effect; and\n(b) the annulment does not affect anything done relying on the\ndeclaration before the order was made.\n(4) If the Supreme Court makes an order annulling a declaration, it may\nmake the ancillary orders (including orders varying property rights)\nthat it considers just and equitable to place everyone affected by the\nannulment as far as practicable in the position each person would\nhave been in if the declaration had not been made.\nDivision 2.5 Surrogacy\nSubdivision 2.5.1 Definitions—div 2.5\n23 Definitions—div 2.5\nIn this division:\nbirth parent, of a child, means the person who intends to give birth\nor gave birth to the child.\nbirth sibling, of a child, means any other child who is born as a result\nof the same pregnancy as the child.\nintended parent means a person who will be taken to be the parent of\na child born under a surrogacy arrangement.\npartner, of a birth parent, means the other person, if any, presumed\nunder division 2.2 to be a parent of the child.\n\nPart 2 Establishing parentage\nDivision 2.5 Surrogacy\nSection 24\npage 14 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\npresumed parent, of a child, means—\n(a) the birth parent; or\n(b) the birth parent’s partner.\nprocedure means—\n(a) artificial insemination; or\n(b) a clinical process to transfer into the uterus of a person an\nembryo derived from an ovum fertilised outside the person’s\nbody.\n24 Meaning of reasonable expense\n(1) In this Act:\nreasonable expense, in relation to a presumed parent under a\nsurrogacy arrangement, means an expense paid or owing that is—\n(a) verified by a receipt or other document; and\n(b) reasonably necessary or reasonably incidental to any of the\nfollowing:\n(i) becoming or trying to become pregnant;\n(ii) a pregnancy or a birth;\n(iii) entering into and giving effect to a surrogacy arrangement.\n(2) Without limiting subsection (1) (b), a regulation may also prescribe\nan expense as reasonably necessary or reasonably incidental to a\nmatter mentioned in subsection (1) (b).\n25 Provision of counselling\nAny counselling a person receives under this division must be\nprovided by a person prescribed by regulation.\n\nEstablishing parentage Part 2\nSurrogacy Division 2.5\nSection 26\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSubdivision 2.5.2 Surrogacy arrangements\n26 Surrogacy arrangement must be in writing\nA surrogacy arrangement must be in writing.\n27 Parties to surrogacy arrangement\nThe parties to a surrogacy arrangement are—\n(a) the birth parent; and\n(b) the birth parent’s partner, if any; and\n(c) each intended parent.\n28 Legal advice\n(1) Each party to a surrogacy arrangement must, before entering into the\narrangement, obtain legal advice about its effect.\n(2) The intended parent or parents must obtain legal advice that is\nindependent to the legal advice obtained by the birth parent and their\npartner, if any.\n(3) If there are 2 intended parents to the surrogacy arrangement, they may\nobtain the legal advice jointly or separately.\n(4) If the birth parent’s partner is a party to the surrogacy arrangement,\nthe birth parent and their partner may obtain the legal advice jointly\nor separately.\n28A Counselling\n(1) Each party to a surrogacy arrangement must, before entering into the\narrangement, receive counselling about its effect.\n(2) If there are 2 intended parents to the surrogacy arrangement, they may\nreceive the counselling jointly or separately.\n\nPart 2 Establishing parentage\nDivision 2.5 Surrogacy\nSection 28B\npage 16 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) If the birth parent’s partner is a party to the surrogacy arrangement,\nthe birth parent and their partner may receive the counselling jointly\nor separately.\n(4) If the birth parent is to undergo a procedure with the intention of\nbecoming pregnant as a result of the procedure, the counselling each\nparty must receive under this section must be from a person who, or\nan entity providing counselling services that, is not connected with—\n(a) the doctor who will carry out the procedure; or\n(b) the institution where the procedure will be carried out; or\n(c) another entity involved in carrying out the procedure.\n28B Age of intended parent\nEach intended parent must be at least 18 years old when they enter\ninto a surrogacy arrangement.\n28C Age of birth parent\n(1) A birth parent must be at least 18 years old when they enter into a\nsurrogacy arrangement.\n(2) However, a birth parent who is not yet 25 years old must not enter\ninto a surrogacy arrangement unless—\n(a) the birth parent has received counselling about the surrogacy\narrangement and its social and psychological implications; and\n(b) the counsellor was satisfied that the birth parent was of sufficient\nmaturity to understand the surrogacy arrangement and its social\nand psychological implications.\n(3) The birth parent must receive counselling from a person who is\ndifferent to the person from whom the intended parent or parents to\nthe surrogacy arrangement receive their counselling under\nsection 28A (1).\n\nEstablishing parentage Part 2\nSurrogacy Division 2.5\nSection 28D\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) If the birth parent is to undergo a procedure with the intention of\nbecoming pregnant as a result of the procedure, the counselling they\nmust receive under subsection (2) must be from a person who, or an\nentity providing counselling services that, is not connected with—\n(a) the doctor who will carry out the procedure; or\n(b) the institution where the procedure will be carried out; or\n(c) another entity involved in carrying out the procedure.\n28D Reasonable expenses incurred\nA surrogacy arrangement may provide for the payment or\nreimbursement of only the reasonable expenses in relation to the\nsurrogacy arrangement.\n28E Rights of birth parent\nA birth parent has the same rights to manage their pregnancy and birth\nas any other pregnant person.\nSubdivision 2.5.3 Parentage orders\n28F Application—subdiv 2.5.3\n(1) This subdivision applies to a child if—\n(a) there is a surrogacy arrangement, other than a commercial\nsurrogacy arrangement, under which the intended parent or\nintended parents have indicated their intention to apply for a\nparentage order about the child; and\n(b) the intended parent or intended parents of the child live in the\nACT.\n\nPart 2 Establishing parentage\nDivision 2.5 Surrogacy\nSection 28G\npage 18 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) This subdivision also applies to a child if—\n(a) there is a commercial surrogacy arrangement of a kind described\nin section 40 (1) (a) under which the intended parent or intended\nparents have indicated their intention to be taken to be the parent\nor parents of the child; and\n(b) the intended parent or intended parents of the child live in the\nACT.\n28G Application for parentage order\n(1) The intended parent or intended parents of a child mentioned in\nsection 28F may make an application to the Supreme Court for a\nparentage order about the child.\n(2) If there are 2 intended parents to an arrangement mentioned in\nsection 28F, the application must be made jointly by both intended\nparents, unless the Supreme Court gives leave to only 1 intended\nparent to make the application.\n(3) The application may only be made—\n(a) for a child mentioned in section 28F (1)—after the child is at\nleast 4 weeks old but before the child is 6 months old; or\n(b) for a child mentioned in section 28F (2)—at any time after the\nchild is at least 4 weeks old.\n(4) However, an application for a child mentioned in section 28F (1) may\nbe made after the end of the time limit specified in subsection (3) (a)\nif the Supreme Court is satisfied on reasonable grounds that\nexceptional circumstances justify the court deciding the application.\n\nEstablishing parentage Part 2\nSurrogacy Division 2.5\nSection 28H\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n28H Making of parentage order\n(1) The Supreme Court may make a parentage order about a child\nmentioned in section 28F (1) if satisfied that—\n(a) the making of the order is in the best interests of the child; and\n(b) each presumed parent freely, and with a full understanding of\nwhat is involved, agrees to the making of the order; and\n(c) the requirements of subdivision 2.5.2 are met.\n(2) The Supreme Court may make a parentage order about a child\nmentioned in section 28F (2) if satisfied that—\n(a) the making of the order is in the best interests of the child; and\n(b) there is a pressing disadvantage facing the child that would be\nalleviated by making a parentage order about the child; and\n(c) each presumed parent freely, and with a full understanding of\nwhat is involved, agrees to the making of the order; and\n(d) the requirements of subdivision 2.5.2, other than the\nrequirement in section 28D (Reasonable expenses incurred), are\nmet as if the commercial surrogacy arrangement mentioned in\nsection 28F (2) (a) were a surrogacy arrangement mentioned in\nsection 28F (1) (a); and\n(e) it is reasonable in all the circumstances to make the parentage\norder.\nNote The making of a parentage order about a child born under a commercial\nsurrogacy arrangement does not affect a person’s criminal responsibility\nunder pt 4—see s 31 (Effect of surrogacy arrangements).\n\nPart 2 Establishing parentage\nDivision 2.5 Surrogacy\nSection 28I\npage 20 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In making an order under subsection (1) or (2), the Supreme Court\nmay do any of the following:\n(a) dispense with the requirement under subsection (1) (b) or (2) (c)\nin relation to a presumed parent if satisfied that the presumed\nparent is dead or incapacitated or, despite reasonable steps\nhaving been taken, cannot be contacted;\n(b) dispense with the following requirements of subdivision 2.5.2 if\nsatisfied that doing so is in the best interests of the child:\n(i) section 26 (Surrogacy arrangement must be in writing);\n(ii) section 28 (Legal advice);\n(iii) section 28A (Counselling).\n28I Relevant considerations for making of parentage order\n(1) In deciding whether to make a parentage order, the Supreme Court\nmay take the following, if relevant, into consideration:\n(a) whether the child’s home is, and was at the time of the\napplication, with the intended parent or intended parents;\n(b) if there are 2 intended parents to the arrangement but only\n1 intended parent has applied for the order (the applicant\nintended parent), and the other intended parent is alive at the\ntime of the application, whether—\n(i) the other intended parent freely, and with a full\nunderstanding of what is involved, agrees to the making of\nthe order in favour of the applicant intended parent; or\n(ii) the applicant intended parent, despite taking reasonable\nsteps, cannot contact the other intended parent to obtain\ntheir agreement under subparagraph (i);\n\nEstablishing parentage Part 2\nSurrogacy Division 2.5\nSection 28J\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) if a presumed parent is dead or incapacitated or cannot be\ncontacted—any evidence before the court that the parent no\nlonger agreed or agrees that the intended parent or intended\nparents obtain a parentage order about the child;\n(d) if the birth parent was not yet 25 years old, but was at least\n18 years old, when they entered into the arrangement—any\nevidence before the court of compliance with section 28C (2).\n(2) The Supreme Court may take into consideration anything else it\nconsiders relevant.\n28J Content of parentage order\n(1) If the Supreme Court makes a parentage order, the order must state—\n(a) for an application made jointly by 2 intended parents to an\narrangement mentioned in section 28F—that the order is in\nfavour of both intended parents; or\n(b) for an application made by only 1 of 2 intended parents to an\narrangement mentioned in section 28F—\n(i) if the application was made by the applicant intended\nparent because the other intended parent is dead or\nincapacitated—\n(A) that the order is in favour of both intended parents; or\n(B) if the court is satisfied that, at the time of the other\nintended parent’s death or incapacitation, the\ndeceased or incapacitated intended parent no longer\nintended or intends to apply for a parentage order\nabout the child—that the order is in favour of the\napplicant intended parent; or\n(ii) in any other case—that the order is in favour of the\napplicant intended parent; or\n\nPart 2 Establishing parentage\nDivision 2.5 Surrogacy\nSection 28K\npage 22 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) for an application made by 1 intended parent who is the only\nintended parent to an arrangement—that the order is in favour\nof the intended parent.\n(2) In this section:\napplicant intended parent—see section 28I (1) (b).\n28K Multiple births\n(1) This section applies if a child about whom an application for a\nparentage order has been made has a living birth sibling.\n(2) Despite section 28H (1) or (2), the Supreme Court may make a\nparentage order about the child only if it also makes a parentage order\nabout each living birth sibling of the child.\n28L Name of child\n(1) On the making of a parentage order about a child, the child has as\ntheir surname—\n(a) if the order is made in favour of 1 intended parent—the surname\nof the intended parent; or\n(b) if the order is made in favour of 2 intended parents and they are\nboth known by the same surname—that surname; or\n(c) in any other case—a name the Supreme Court, on the\napplication of the intended parent or intended parents, approves\nin the parentage order.\n(2) On the making of a parentage order about a child, the child has as\ntheir given name or names a name or names the Supreme Court, on\nthe application of the intended parent or intended parents, approves\nin the parentage order.\n\nEstablishing parentage Part 2\nSurrogacy Division 2.5\nSection 29\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Despite subsection (2), if the child has been generally known by a\nparticular name or names, the Supreme Court may, in the parentage\norder, order that the child will have that name or those names as their\ngiven name or names.\n(4) This section does not prevent a name of a child being later changed\nin accordance with territory law.\n29 Effect of parentage order and access to information\n(1) If a parentage order is made about a child, the provisions of the\nAdoption Act 1993 mentioned in subsection (3) (the applied\nprovisions) apply in relation to the parentage order as if the parentage\norder were an order made under that Act for the adoption of the child\nand the child were an adopted child.\n(2) For that application—\n(a) a reference in an applied provision to the adoptive parent or\nadoptive parents is a reference to the intended parent or intended\nparents in whose favour the parentage order was made; and\n(b) a reference in an applied provision to the adopted child or\nadopted person is a reference to the child about whom the\nparentage order was made; and\n(c) a reference in an applied provision to the commencement of the\nAdoption Act 1993 were a reference to the commencement of\nthis Act; and\n(d) a reference in section 48 to the director-general were a reference\nto the registrar-general; and\n(e) any other necessary changes were made.\n\nPart 2 Establishing parentage\nDivision 2.5 Surrogacy\nSection 30\npage 24 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The applied provisions of the Adoption Act 1993 are as follows:\n• section 43 (General effect) other than subsections (1) (c) and (2)\n• section 44 (Disposition of property)\n• section 47 (Distribution of property by trustee or personal\nrepresentative)\n• section 48 (Bequest by will to unascertained adopted person)\n• section 49 (Gifts between living people)\n• section 60 (Confidentiality of records) other than\nsubsection (1) (a)\n• section 62 (3) (Provision of information)\n• division 5.3 (Identifying information) other than sections 70, 71,\n77, 78 and 79.\n30 Medical information\n(1) This section applies if—\n(a) information about the medical or psychiatric condition of a\nrelevant person may be disclosed by a medical record holder\nunder a law in force in the Territory; and\n(b) the relevant person applies to the medical record holder for the\ninformation; and\n(c) the medical record holder considers that the disclosure might be\nprejudicial to the physical or mental health or wellbeing of the\nrelevant person.\n(2) The medical record holder may—\n(a) refuse to disclose the information to the relevant person\npersonally; and\n(b) instead disclose it (without identifying anyone other than the\nrelevant person) to a doctor nominated by the relevant person.\n\nEstablishing parentage Part 2\nSurrogacy Division 2.5\nSection 31\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In this section:\nrelevant person means—\n(a) the child about whom a parentage order is made; or\n(b) a presumed parent of the child; or\n(c) a person who was a grandparent, sibling or sibling of the parents\nof the child before the parentage order was made; or\n(d) a person who is a grandparent, sibling or sibling of the parents\nof the child because of the parentage order; or\n(e) a descendant of the child (including their own child).\n31 Effect of surrogacy arrangements\n(1) The legal effect of a surrogacy arrangement is limited only to this\ndivision.\n(2) The making of a parentage order about a child born under a\ncommercial surrogacy arrangement does not affect a person’s\ncriminal responsibility under part 4 in relation to the commercial\nsurrogacy arrangement.\nSubdivision 2.5.4 Parentage orders—particular\narrangements entered into before\nParentage (Surrogacy) Amendment\nAct 2024\n31A Definitions—subdiv 2.5.4\nIn this subdivision:\ncommencement day means the day the Parentage (Surrogacy)\nAmendment Act 2024, section 8 commences.\n\nPart 2 Establishing parentage\nDivision 2.5 Surrogacy\nSection 31B\npage 26 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ncommercial arrangement means an arrangement in the nature of a\nsurrogacy arrangement that also includes an agreement by any person\nto make or give to someone else payment or reward, other than\nreasonable expenses incurred in relation to the arrangement.\npayment or reward—see section 40 (2).\n31B Parentage order—commercial arrangement made and\nchild born before commencement day\n(1) This section applies if—\n(a) a commercial arrangement was entered into before the\ncommencement day; and\n(b) a person gave birth to a child, under the commercial\narrangement, before the commencement day; and\n(c) there is no parentage order in force in relation to the child before\nthe commencement day; and\n(d) subdivision 2.5.3 would apply to the child had the arrangement\nbeen an arrangement mentioned in section 28F (2) (a) entered\ninto on or after the commencement day; and\n(e) the person or people who intend to be taken to be the parent or\nparents of the child under the arrangement live in the ACT.\n(2) The person or people may apply to the Supreme Court under\nsection 28G for a parentage order for the child as if—\n(a) the commercial arrangement is a commercial surrogacy\narrangement of a kind described in section 40 (1) (a); and\n(b) the person or people were the intended parent or intended\nparents of the child under the commercial surrogacy\narrangement.\n(3) The Supreme Court may make a parentage order about the child under\nsection 28H (2) as if the child were a child mentioned in\nsection 28F (2).\n\nEstablishing parentage Part 2\nSurrogacy Division 2.5\nSection 31C\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) In making a parentage order about the child, the Supreme Court need\nnot be satisfied under section 28H (2) (d) that the requirements of\nsubdivision 2.5.2 are met.\n31C Effect of parentage order mentioned in s 31B and access\nto information\n(1) This section applies instead of section 29 in relation to a parentage\norder mentioned in section 31B (3).\n(2) The provisions of the Adoption Act 1993 mentioned in subsection (4)\n(the applied provisions) apply in relation to the parentage order as if\nthe parentage order were an order made under that Act for the\nadoption of the child and the child were an adopted child.\n(3) For that application—\n(a) a reference in an applied provision to the adoptive parent or\nadoptive parents is a reference to the intended parent or intended\nparents in whose favour the parentage order was made; and\n(b) a reference in an applied provision to the adopted child or\nadopted person is a reference to the child about whom the\nparentage order was made; and\n(c) a reference in an applied provision to the commencement of the\nAdoption Act 1993 were a reference to the commencement day;\nand\n(d) a reference in the Adoption Act 1993, section 48 to the\ndirector-general were a reference to the registrar-general; and\n(e) any other necessary changes were made.\n(4) The applied provisions of the Adoption Act 1993 are as follows:\n(a) section 43 (General effect) other than subsections (1) (c) and (2);\n(b) section 44 (Disposition of property);\n\nPart 2 Establishing parentage\nDivision 2.6 Use of medical tests in establishing parentage\nSection 31D\npage 28 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) section 47 (Distribution of property by trustee or personal\nrepresentative);\n(d) section 48 (Bequest by will to unascertained adopted person);\n(e) section 49 (Gifts between living people);\n(f) section 60 (Confidentiality of records) other than\nsubsection (1) (a);\n(g) section 62 (3) (Provision of information);\n(h) division 5.3 (Identifying information) other than sections 70, 71,\n77, 78 and 79.\n31D Effect of parentage order on commercial substitute\nparent agreement\n(1) The making of a parentage order about a child born under a\ncommercial substitute parent agreement does not affect a person’s\ncriminal responsibility under part 4, as in force immediately before\nthe commencement day, in relation to the commercial substitute\nparent agreement.\n(2) In this section:\ncommercial substitute parent agreement—see section 40, as in force\nimmediately before the commencement day.\nDivision 2.6 Use of medical tests in establishing\nparentage\n32 Definition for div 2.6\nIn this division:\nparentage testing order—see section 34.\n\nEstablishing parentage Part 2\nUse of medical tests in establishing parentage Division 2.6\nSection 33\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n33 Application of div 2.6\nThis division applies if the parentage of a child is in issue in a civil\nproceeding in a court.\n34 Order to carry out medical tests\n(1) The court may make an order (a parentage testing order) requiring\nstated medical tests that are relevant to establishing the parentage of\nthe child to be carried out on a stated person within a stated time and\nin accordance with any stated conditions.\n(2) The court may make the parentage testing order—\n(a) on its own initiative; or\n(b) on the application of a party to the proceeding; or\n(c) if the child is not a party—on the application of the child.\n(3) If the child makes an application, the child must be joined as a party\nto the proceeding.\n(4) When deciding whether to make the parentage testing order, the court\nmust take into account any objection made on medical, religious or\nother grounds by the person to whom a copy of the order must be\ngiven.\n(5) A copy of the parentage testing order must be given—\n(a) if the stated person is under 18 years old—to the person who has\ncustody of the stated person; or\n(b) if the stated person is of unsound mind or for any other reason\nincapable of consenting to having the medical tests carried out—\nto the person who has the care and control of the stated person;\nor\n(c) in any other case—to the stated person.\n(6) The court may at any time revoke or vary the parentage testing order.\n\nPart 2 Establishing parentage\nDivision 2.6 Use of medical tests in establishing parentage\nSection 35\npage 30 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n35 Effect of failure to comply with parentage testing order\n(1) If, without reasonable excuse, a parentage testing order is not\ncomplied with the court may draw the inferences from the failure to\ncomply that it considers appropriate.\n(2) In particular, the court may treat the failure—\n(a) as evidence corroborating the evidence of a party to the\nproceeding; or\n(b) if the stated person is a party to the proceeding and is relying in\nthe proceeding on a rebuttable presumption arising under\ndivision 2.2—as evidence rebutting the presumption.\n(3) An objection mentioned in section 34 (4) that has been taken into\naccount is not a reasonable excuse for subsection (1).\n(4) Without limiting subsection (1) or (2), if a parentage testing order is\nnot complied with the court may—\n(a) dismiss the proceeding; or\n(b) allow the proceeding to continue on the conditions it considers\nappropriate.\n36 Reports of medical tests\n(1) This section applies if—\n(a) the court makes a parentage testing order in a proceeding; and\n(b) a medical test required under the order is carried out in\naccordance with the regulations.\n(2) A report prepared in accordance with the regulations by the person\nwho carried out the test, and stating the result of the test, is admissible\nin the proceeding as evidence of matters stated in the report.\n\nEstablishing parentage Part 2\nUse of medical tests in establishing parentage Division 2.6\nSection 37\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) The court may call as a witness—\n(a) the person who prepared the report; or\n(b) anyone who assisted in carrying out the medical tests mentioned\nin the report.\n(4) The court may act under subsection (3)—\n(a) on its own initiative; or\n(b) on the application of a party to the proceeding; or\n(c) if the child whose parentage is in issue is not a party—on the\napplication of the child.\n(5) If the child makes an application, the child must be joined as a party\nto the proceeding.\n(6) A person called as a witness under subsection (3) may be\ncross-examined by any party to the proceeding, including a party who\ncalled the person.\n(7) The cost of carrying out a medical test under the parentage testing\norder (including any expenses reasonably incurred in taking any steps\nrequired for the purpose) and preparing a report in relation to the test\nmust be regarded as costs of the proceeding.\n37 Offences related to medical tests\n(1) A person must not impersonate someone else in undergoing a medical\ntest under a parentage testing order.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n\nPart 2 Establishing parentage\nDivision 2.6 Use of medical tests in establishing parentage\nSection 37\npage 32 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person commits an offence if the person—\n(a) puts forward a child or someone who is of unsound mind to\nundergo a medical test under a parentage testing order; and\n(b) knows that the person put forward is not the person stated in the\norder.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) A person who is not a doctor, a nurse or a person prescribed under the\nregulations must not take a sample of a person’s blood or other body\ntissue for the purpose of carrying out a medical test under a parentage\ntesting order.\nMaximum penalty: 30 penalty units.\n\nStatus of children Part 3\nSection 38\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Status of children\n38 Children all of equal status\n(1) This section applies if the relationship of a person with the person’s\nparents, or with either of them, is to be decided under a Territory law,\nwhether in a proceeding before a court or otherwise.\n(2) The relationship must be decided without regard to whether the\nparents of the person are or have ever been married to, or in a civil\nunion or civil partnership with, each other.\n(3) All other relationships of or to the person, whether of consanguinity\nor affinity, must be decided in the same way.\n(4) This section is subject to section 39.\n(5) In this section:\naffinity means affinity derived through marriage, civil union, civil\npartnership or any other domestic partnership.\n39 Construction of instruments\n(1) Subsections (2) and (3) apply to—\n(a) an instrument other than a will or codicil that was signed after\n24 March 1989; or\n(b) an instrument other than a will or codicil that—\n(i) was signed before that date; and\n(ii) under the law of the place where the instrument was signed,\nwould be interpreted without regard to the illegitimacy of\npeople mentioned in, or taking under, the instrument.\n(2) Any rule of law that a disposition in favour of an exnuptial child not\nconceived or born when an instrument takes effect is void for being\ncontrary to public policy is abolished.\n\nPart 3 Status of children\nSection 39\npage 34 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) In an instrument other than a will or codicil—\n(a) a reference (however expressed) to a child of a person includes\na reference to an exnuptial child of the person; and\n(b) a reference (however expressed) to a person related to someone\nelse in another way includes a reference to anyone who is related\nin that way regardless of whether the person or another person\nthrough whom the relationship is traced is or was an exnuptial\nchild.\n(4) An instrument (other than an instrument mentioned in subsection (1)\nor a will or codicil) that was executed before 24 March 1989 must be\ninterpreted as if the Birth (Equality of Status) Act 1988 or this Act had\nnot been made.\n(5) The Birth (Equality of Status) Act 1988, part 3 and part 4 apply in\nrelation to the interpretation of a will or codicil if the testator died on\nor after 24 March 1989 and before the commencement of this Act,\nbut a will or codicil must otherwise be interpreted as if that Act had\nnot been made.\n(6) This Act applies to the interpretation of a will or codicil if the testator\ndied on or after the commencement of this Act, but a will or codicil\nmust otherwise be interpreted as if this Act had not been made.\n(7) If an instrument contains a special power of appointment in favour of\na class of people, nothing in the Birth (Equality of Status) Act 1988\nor this Act extends the class of people in whose favour the\nappointment may be made or causes the exercise of the power to be\ninterpreted to include anyone who is not a member of that class.\n(8) In this section:\nexnuptial child means a child whose parents were not married to each\nother when the child was conceived and have not later married each\nother (other than a child who is a legitimate child, or is taken to be a\nlegitimate child, under the Marriage Act 1961 (Cwlth), part 6).\n\nOffences relating to surrogacy arrangements Part 4\nSection 40\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Offences relating to surrogacy\narrangements\nNote The making of a parentage order about a child born under a commercial\nsurrogacy arrangement does not affect a person’s criminal responsibility\nunder this part—see s 31 (Effect of surrogacy arrangements).\n40 Meaning of commercial surrogacy arrangement\n(1) In this Act:\ncommercial surrogacy arrangement means—\n(a) a surrogacy arrangement under which a person agrees to make\nor give to someone else a payment or reward, other than for\nreasonable expenses incurred in relation to the arrangement; or\n(b) a contract, agreement, arrangement or understanding under\nwhich—\n(i) a person who is pregnant agrees that a child born as a result\nof the pregnancy will be taken to be the child of someone\nelse; and\n(ii) a person agrees to make or give to someone else a payment\nor reward, other than for reasonable expenses incurred in\nrelation to the contract, agreement, arrangement or\nunderstanding as if the contract, agreement, arrangement\nor understanding was a surrogacy arrangement.\n(2) In this section:\npayment or reward includes a payment or reward for or in\nconsideration of—\n(a) the making of a parentage order; or\n(b) an agreement by each presumed parent to the making of a\nparentage order; or\n\nPart 4 Offences relating to surrogacy arrangements\nSection 41\npage 36 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the handing over of a child to the intended parent or intended\nparents; or\n(d) the making of any arrangements with a view to the making of a\nparentage order.\n41 Commercial surrogacy arrangements prohibited\nA person commits an offence if the person intentionally enters into a\ncommercial surrogacy arrangement.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n42 Procuring commercial surrogacy arrangements\nA person commits an offence if the person procures someone to enter\ninto a commercial surrogacy arrangement with a third person.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n43 Advertising in relation to commercial surrogacy\narrangements\n(1) A person commits an offence if the person—\n(a) publishes an advertisement, notice or anything else with the\nintention of inducing someone to enter into a commercial\nsurrogacy arrangement; or\n(b) publishes an advertisement, notice or anything else that—\n(i) is likely to induce someone to enter into a commercial\nsurrogacy arrangement; or\n(ii) seeks or purports to seek someone who is willing to enter\ninto a commercial surrogacy arrangement; or\n\nOffences relating to surrogacy arrangements Part 4\nSection 44\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(iii) states or implies that someone is willing to enter into a\ncommercial surrogacy arrangement.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) In this section:\npublish—something is published if it is—\n(a) included in a newspaper, periodical publication or other\npublication; or\n(b) publicly exhibited in, on, over or under a building, vehicle or\nplace (whether or not a public place and whether on land or\nwater), or in the air in view of people on a street or in a public\nplace; or\n(c) contained in a document given to someone or left on premises\nwhere someone lives or works; or\n(d) broadcast by radio or television; or\n(e) electronically disseminated in another way (for example, by\ninclusion on a web site).\n44 Facilitating pregnancy\nA person commits an offence if—\n(a) the person intentionally provides a professional or technical\nservice to someone else; and\n(b) the person knows the other person is, or intends to be, a party to\na commercial surrogacy arrangement; and\n\nPart 4 Offences relating to surrogacy arrangements\nSection 45\npage 38 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the person provides the service with the intention of assisting the\nother person to become pregnant for the purpose of the\narrangement.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n45 Geographical nexus for offences\n(1) A geographical nexus exists between the ACT and an offence against\nthis part if, when the offence is committed, the person who commits\nthe offence is ordinarily resident in the ACT.\n(2) This section is additional to, and does not limit, the Criminal Code,\nsection 64 (2) (Extension of offences if required geographical nexus\nexists).\n\nMiscellaneous Part 5\nSection 46\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 39\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Miscellaneous\n46 Joinder of parties\n(1) This section applies to a proceeding under this Act in relation to a\nchild if a party to the proceeding who is claimed to be a parent of the\nchild claims that someone else is, or may be, a parent of the child.\n(2) The other person must be joined as a party to the proceeding.\n47 Notification of court orders to registrar-general\nIf the Supreme Court makes a parentage declaration, an order\nannulling a parentage declaration, or a parentage order, the registrar\nof the court must give a sealed copy of the declaration or order to the\nregistrar-general within 28 days after the day on which the declaration\nor order is made.\n48 Proof of orders etc about parentage\nIn any proceeding in a Territory court, a document purporting to be\nany of the following is evidence of the facts stated in it and the matters\nappearing from it:\n(a) an order or declaration made under this Act;\n(b) an official certificate, entry or record of the making of the order\nor declaration.\nNote A certified copy or extract from an order, declaration or certificate is\nadmissible in a proceeding in a Territory court (see Evidence Act 2011,\ns 155 and s 156).\n\nPart 5 Miscellaneous\nSection 49\npage 40 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n49 Approved forms\n(1) The Minister may approve forms for this Act.\n(2) If the Minister approves a form for a particular purpose, the form must\nbe used for that purpose.\nNote For other provisions about forms, see Legislation Act, s 255.\n(3) An approved form is a notifiable instrument.\nNote A notifiable instrument must be notified under the Legislation Act.\n50 Regulation-making power\n(1) The Executive may make regulations for this Act.\nNote Regulations must be notified, and presented to the Legislative Assembly,\nunder the Legislation Act.\n(2) A regulation may make provision in relation to––\n(a) the carrying out of medical tests for division 2.6 (Use of medical\ntests in establishing parentage); and\n(b) the preparation of reports in relation to the information obtained\nbecause of the carrying out of the medical tests.\n\nTransitional—Parentage (Surrogacy) Amendment Act 2024 Part 7\nSection 53\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 41\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Transitional—Parentage\n(Surrogacy) Amendment\nAct 2024\n53 Definitions—pt 7\nIn this part:\narrangement means an arrangement in the nature of a surrogacy\narrangement.\ncommencement day means the day the Parentage (Surrogacy)\nAmendment Act 2024, section 8 commences.\ncommercial arrangement means an arrangement that also includes\nan agreement by any person to make or give to someone else payment\nor reward, other than reasonable expenses incurred in relation to the\narrangement.\npayment or reward—see section 40 (2).\n54 Parentage order—substitute parent agreement and no\nparentage order before commencement day\n(1) This section applies if—\n(a) a substitute parent agreement was entered into before the\ncommencement day; and\n(b) the substitute parent or substitute parents under the agreement—\n(i) had not made an application for a parentage order\nimmediately before the commencement day; or\n(ii) made an application for a parentage order which had not\nbeen decided by the Supreme Court immediately before the\ncommencement day; and\n\nPart 7 Transitional—Parentage (Surrogacy) Amendment Act 2024\nSection 55\npage 42 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) division 2.5, as in force immediately before the commencement\nday, applies to the child under the substitute parent arrangement.\nNote See s 24 (Application of div 2.5) as in force immediately before the\ncommencement day.\n(2) Division 2.5, as in force immediately before the commencement day,\ncontinues to apply in relation to—\n(a) an application for, or the making of, the parentage order about\nthe child; and\n(b) the effect of the parentage order, if made.\n(3) In this section:\nparentage order means an order under section 26 as in force\nimmediately before the commencement day.\nsubstitute parent, of a child—see section 24 (c) as in force\nimmediately before the commencement day.\nsubstitute parent agreement—see section 23 as in force immediately\nbefore the commencement day.\n55 Parentage order—arrangement made and child born\nbefore commencement day\n(1) This section applies if—\n(a) an arrangement, other than a commercial arrangement, was\nentered into before the commencement day; and\n(b) a person gave birth to a child, under the arrangement, before the\ncommencement day; and\n(c) there is no parentage order in force in relation to the child before\nthe commencement day; and\n\nTransitional—Parentage (Surrogacy) Amendment Act 2024 Part 7\nSection 56\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 43\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(d) division 2.5, as in force immediately before the commencement\nday, does not apply to the child, but division 2.5, as in force after\nthe commencement day, would apply to the child had the\narrangement been an arrangement mentioned in\nsection 28F (1) (a) entered into on or after the commencement\nday; and\n(e) the person or people who intend to be taken to be the parent or\nparents of the child under the arrangement live in the ACT.\n(2) The person or people may apply to the Supreme Court under\nsection 28G for a parentage order for the child as if—\n(a) the arrangement was a surrogacy arrangement; and\n(b) the person or people were the intended parent or intended\nparents of the child under the surrogacy arrangement; and\n(c) section 28G (3) does not apply.\n(3) An application mentioned in subsection (2) may only be made in the\n5-year period beginning on the commencement day.\n(4) The Supreme Court may make a parentage order about the child under\nsection 28H (1) as if the child were a child mentioned in\nsection 28F (1).\n(5) In making a parentage order about the child, the Supreme Court need\nnot be satisfied under section 28H (1) (c) that the requirements of\nsubdivision 2.5.2 are met.\n56 Parentage order—arrangement made, but child not born,\nbefore commencement day\n(1) This section applies if—\n(a) an arrangement, other than a commercial arrangement, was\nentered into before the commencement day; and\n(b) a person has not given birth to a child under the arrangement\nbefore the commencement day; and\n\nPart 7 Transitional—Parentage (Surrogacy) Amendment Act 2024\nSection 57\npage 44 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the person or people who intend to be taken to be the parent or\nparents of the child under the arrangement live in the ACT.\n(2) The person or people may apply to the Supreme Court under\nsection 28G for a parentage order for the child as if—\n(a) the arrangement was a surrogacy arrangement; and\n(b) the person or people were the intended parent or intended\nparents of the child under the surrogacy arrangement.\n(3) The Supreme Court may make a parentage order about the child under\nsection 28H (1) as if the child were a child mentioned in\nsection 28F (1).\n(4) In making a parentage order about the child, the Supreme Court need\nnot be satisfied under section 28H (1) (c) that the requirements of\nsubdivision 2.5.2 are met.\n57 Parentage order—commercial arrangement made, but\nchild not born, before commencement day\n(1) This section applies if—\n(a) a commercial arrangement was entered into before the\ncommencement day; and\n(b) a person has not given birth to a child under the commercial\narrangement before the commencement day; and\n(c) the person or people who intend to be taken to be the parent or\nparents of the child under the commercial arrangement live in\nthe ACT.\n(2) The person or people may apply to the Supreme Court under\nsection 28G for a parentage order for the child as if—\n(a) the arrangement was a commercial surrogacy arrangement of a\nkind described in section 40 (1) (a); and\n\nTransitional—Parentage (Surrogacy) Amendment Act 2024 Part 7\nSection 58\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 45\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) the person or people were the intended parent or intended\nparents of the child under the surrogacy arrangement.\n(3) The Supreme Court may make a parentage order about the child under\nsection 28H (2) as if the child were a child mentioned in\nsection 28F (2).\n(4) In making a parentage order about the child, the Supreme Court need\nnot be satisfied under section 28H (2) (d) that the requirements of\nsubdivision 2.5.2 are met.\n58 Effect of parentage order mentioned in s 55 (4) and\naccess to information\n(1) This section applies instead of section 29 in relation to a parentage\norder mentioned in section 55 (4).\n(2) The provisions of the Adoption Act 1993 mentioned in subsection (4)\n(the applied provisions) apply in relation to the parentage order as if\nthe parentage order were an order made under that Act for the\nadoption of the child and the child were an adopted child.\n(3) For that application—\n(a) a reference in an applied provision to the adoptive parent or\nadoptive parents is a reference to the intended parent or intended\nparents in whose favour the parentage order was made; and\n(b) a reference in an applied provision to the adopted child or\nadopted person is a reference to the child about whom the\nparentage order was made; and\n(c) a reference in an applied provision to the commencement of the\nAdoption Act 1993 were a reference to the commencement day;\nand\n(d) a reference in the Adoption Act 1993, section 48 to the\ndirector-general were a reference to the registrar-general; and\n(e) any other necessary changes were made.\n\nPart 7 Transitional—Parentage (Surrogacy) Amendment Act 2024\nSection 59\npage 46 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(4) The applied provisions of the Adoption Act 1993 are as follows:\n(a) section 43 (General effect) other than subsections (1) (c) and (2);\n(b) section 44 (Disposition of property);\n(c) section 47 (Distribution of property by trustee or personal\nrepresentative);\n(d) section 48 (Bequest by will to unascertained adopted person);\n(e) section 49 (Gifts between living people);\n(f) section 60 (Confidentiality of records) other than\nsubsection (1) (a);\n(g) section 62 (3) (Provision of information);\n(h) division 5.3 (Identifying information) other than sections 70, 71,\n77, 78 and 79.\n59 Effect of parentage order on commercial substitute\nparent agreement\n(1) The making of a parentage order about a child born under a\ncommercial substitute parent agreement does not affect a person’s\ncriminal responsibility under part 4, as in force immediately before\nthe commencement day, in relation to the commercial substitute\nparent agreement.\n(2) In this section:\ncommercial substitute parent agreement—see section 40, as in force\nimmediately before the commencement day.\n60 Expiry—pt 7\nThis part expires 5 years after the commencement day.\nNote A transitional provision is repealed on its expiry but continues to have\neffect after its repeal (see Legislation Act, s 88).\n\nDictionary\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 47\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions\nrelevant to this Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following\nterms:\n• civil partner\n• civil partnership\n• civil union\n• civil union partner\n• doctor\n• domestic partner (see s 169 (1))\n• domestic partnership (see s 169 (2))\n• foreign country\n• nurse\n• parent\n• registrar-general.\nbirth parent, of a child, for division 2.5 (Surrogacy)—see\nsection 23.\nbirth sibling, of a child, for division 2.5 (Surrogacy)—see\nsection 23.\ncommencement day, for subdivision 2.5.4 (Parentage orders—\nparticular arrangements entered into before Parentage\n(Surrogacy) Amendment Act 2024)—see section 31A.\ncommercial arrangement, for subdivision 2.5.4 (Parentage\norders—particular arrangements entered into before Parentage\n(Surrogacy) Amendment Act 2024)—see section 31A.\ncommercial surrogacy arrangement—see section 40.\nforeign jurisdiction means a foreign country or part of a foreign\ncountry.\n\nDictionary\npage 48 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ngenetic parent, of a child, means a person whose gametes were\nused to create the embryo.\nintended parent, of a child, for division 2.5 (Surrogacy)—see\nsection 23.\nparentage declaration means a declaration under section 19.\nparentage order means an order under section 28H.\nparentage testing order, for division 2.6 (Use of medical tests in\nestablishing parentage)—see section 34.\npartner, of a birth parent, for division 2.5 (Surrogacy)—see\nsection 23.\npayment or reward, for subdivision 2.5.4 (Parentage orders—\nparticular arrangements entered into before Parentage\n(Surrogacy) Amendment Act 2024)—see section 40 (2).\npresumed parent, of a child, for division 2.5 (Surrogacy)—see\nsection 23.\nprocedure, for division 2.5 (Surrogacy)—see section 23.\nreasonable expense, in relation to a presumed parent under a\nsurrogacy arrangement—see section 24.\nregister of births means the register maintained under the Births,\nDeaths and Marriages Registration Act 1997 in which births are\nregistered.\nsurrogacy arrangement means a contract, agreement,\narrangement or understanding under which a birth parent and an\nintended parent or 2 intended parents agree—\n(a) that the birth parent will become, or attempt to become,\npregnant; and\n(b) that the child born as a result of the pregnancy will be taken\nto be (whether by adoption, agreement or otherwise) the\nchild of the intended parent or intended parents.\n\nEndnotes\nAbout the endnotes 1\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 49\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 50 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nParentage Act 2004 A2004-1\nnotified LR 18 February 2004\ns 1, s 2 commenced 18 February 2004 (LA s 75 (1))\nremainder commenced 22 March 2004 (s 2 and CN2004-3)\nas amended by\nCivil Unions Act 2006 A2006-22 sch 1 pt 1.23\nnotified LR 19 May 2006\ns 1, s 2 commenced 19 May 2006 (LA s 75 (1))\nsch 1 pt 1.23 never commenced\nNote Act repealed by disallowance 14 June 2006 (see Cwlth\nGaz 2006 No S93)\nCivil Partnerships Act 2008 A2008-14 sch 1 pt 1.19\nnotified LR 15 May 2008\ns 1, s 2 commenced 15 May 2008 (LA s 75 (1))\nsch 1 pt 1.19 commenced 19 May 2008 (s 2 and CN2008-8)\nAdoption Amendment Act 2009 (No 2) A2009-36 sch 1 pt 1.4\nnotified LR 22 October 2009\ns 1, s 2 commenced 22 October 2009 (LA s 75 (1))\nsch 1 pt 1.4 commenced 22 April 2010 (s 2 and LA s 79)\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.118\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.118 commenced 1 July 2011 (s 2 (1))\nEvidence (Consequential Amendments) Act 2011 A2011-48 sch 1\npt 1.28\nnotified LR 22 November 2011\ns 1, s 2 commenced 22 November 2011 (LA s 75 (1))\nsch 1 pt 1.28 commenced 1 March 2012 (s 2 (1) and see Evidence\nAct 2011 A2011-12, s 2 and CN2012-4)\n\nEndnotes\nLegislation history 3\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 51\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.33\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.33 commenced 5 June 2012 (s 2 (1))\nCivil Unions Act 2012 A2012-40 sch 3 pt 3.21\nnotified LR 4 September 2012\ns 1, s 2 commenced 4 September 2012 (LA s 75 (1))\nsch 3 pt 3.21 commenced 11 September 2012 (s 2)\nMarriage Equality (Same Sex) Act 2013 A2013-39 sch 2 pt 2.19\nnotified LR 4 November 2013\ns 1, s 2 commenced 4 November 2013 (LA s 75 (1))\nsch 2 pt 2.19 commenced 7 November 2013 (s 2 and CN2013-11)\nNote The High Court held this Act to be of no effect (see\nCommonwealth v Australian Capital Territory [2013] HCA 55)\nJustice Legislation Amendment Act 2016 A2016-7 pt 5\nnotified LR 29 February 2016\ns 1, s 2 commenced 29 February 2016 (LA s 75 (1))\npt 5 commenced 29 August 2016 (s 2 and LA s 79)\nParentage (Surrogacy) Amendment Act 2024 A2024-31\nnotified LR 9 July 2024\ns 1, s 2 commenced 9 July 2024 (LA s 75 (1))\nremainder commenced 10 July 2024 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2024\nA2024-49 pt 10\nnotified LR 17 September 2024\ns 1, s 2 taken to have commenced 11 June 2024 (LA s 75 (2))\npt 10 taken to have commenced 10 July 2024 (s 2 (3) and see\nParentage (Surrogacy) Amendment Act 2024 A2024-31, s 2 (1))\n\nEndnotes\n4 Amendment history\npage 52 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nDictionary\ns 3 am A2024-31 s 5\nPresumptions arising from marriage, civil union or civil partnership\ns 7 hdg sub A2006-22 amdt 1.95 (A2006-22 rep before commenced by\ndisallowance (see Cwlth Gaz 2006 No S93)); A2008-14\namdt 1.65; A2012-40 amdt 3.84\ns 7 am A2006-22 amdts 1.96-1.101 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93));\nA2008-14 amdts 1.66-1.69; A2012-40 amdts 3.85-3.87\nsub A2016-7 s 46\nPresumption arising from domestic partnership\ns 8 am A2016-7 s 47\nPresumptions arising from procedure\ns 11 sub A2016-7 s 48\nam A2024-31 s 6\nApplication for parentage declaration\ns 15 am A2016-7 s 49, s 50\nAnnulment of parentage declaration\ns 22 am A2016-7 s 51\nSurrogacy\ndiv 2.5 hdg sub A2024-31 s 7\nSurrogacy\nsdiv 2.5.1 hdg ins A2024-31 s 7\nDefinitions—div 2.5\ns 23 sub A2024-31 s 8\ndef birth parent am A2016-7 s 52\nsub A2024-31 s 8\ndef birth sibling sub A2016-7 s 53; A2024-31 s 8\ndef commercial substitute parent agreement om A2024-31\ns 8\ndef intended parent ins A2024-31 s 8\ndef parentage order om A2024-31 s 8\ndef partner ins A2024-31 s 8\ndef presumed parent ins A2024-31 s 8\ndef procedure sub A2016-7 s 54; A2024-31 s 8\ndef substitute parent om A2024-31 s 8\ndef substitute parent agreement am A2016-7 s 55\nom A2024-31 s 8\n\nEndnotes\nAmendment history 4\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 53\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nMeaning of reasonable expense\ns 24 (2), (3) exp 22 March 2006 (s 24 (3))\nsub A2024-31 s 8\nProvision of counselling\ns 25 sub A2024-31 s 8\nSurrogacy arrangements\nsdiv 2.5.2 hdg ins A2024-31 s 8\nSurrogacy arrangement must be in writing\ns 26 am A2016-7 s 56\nsub A2024-31 s 8\nParties to surrogacy arrangement\ns 27 sub A2024-31 s 8\nLegal advice\ns 28 am A2016-7 s 57\nsub A2024-31 s 8\nCounselling\ns 28A ins A2024-31 s 8\nam A2024-49 s 20; ss renum R11 (RI) LA\nAge of intended parent\ns 28B ins A2024-31 s 8\nAge of birth parent\ns 28C ins A2024-31 s 8\nReasonable expenses incurred\ns 28D ins A2024-31 s 8\nRights of birth parent\ns 28E ins A2024-31 s 8\nParentage orders\nsdiv 2.5.3 hdg ins A2024-31 s 8\nApplication—subdiv 2.5.3\ns 28F ins A2024-31 s 8\nApplication for parentage order\ns 28G ins A2024-31 s 8\nMaking of parentage order\ns 28H ins A2024-31 s 8\nRelevant considerations for making of parentage order\ns 28I ins A2024-31 s 8\nContent of parentage order\ns 28J ins A2024-31 s 8\n\nEndnotes\n4 Amendment history\npage 54 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nMultiple births\ns 28K ins A2024-31 s 8\nName of child\ns 28L ins A2024-31 s 8\nEffect of parentage order and access to information\ns 29 am A2009-36 amdt 1.6; A2011-22 amdt 1.347; A2024-31 s 9,\ns 10\nMedical information\ns 30 am A2016-7 s 58, s 59; A2024-31 s 11\nEffect of surrogacy arrangements\ns 31 sub A2024-31 s 12\nParentage orders—particular arrangements entered into before Parentage\n(Surrogacy) Amendment Act 2024\nsdiv 2.5.4 hdg ins A2024-31 s 13\nDefinitions—subdiv 2.5.4\ns 31A ins A2024-31 s 13\ndef commencement day ins A2024-31 s 13\ndef commercial arrangement ins A2024-31 s 13\ndef payment or reward ins A2024-31 s 13\nParentage order—commercial arrangement made and child born before\ncommencement day\ns 31B ins A2024-31 s 13\nEffect of parentage order mentioned in s 31B and access to information\ns 31C ins A2024-31 s 13\nEffect of parentage order on commercial substitute parent agreement\ns 31D ins A2024-31 s 13\nChildren all of equal status\ns 38 am A2006-22 amdt 1.102, amdt 1.103 (A2006-22 rep before\ncommenced by disallowance (see Cwlth Gaz 2006 No S93));\nA2008-14 amdt 1.70; A2012-40 amdt 3.88, amdt 3.89;\nA2016-7 s 60\nConstruction of instruments\ns 39 am A2016-7 s 61, s 62\nOffences relating to surrogacy arrangement\npt 4 hdg sub A2024-31 s 14\nMeaning of commercial surrogacy arrangement\ns 40 sub A2024-31 s 15\n\nEndnotes\nAmendment history 4\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 55\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nCommercial surrogacy arrangements prohibited\ns 41 hdg sub A2024-31 s 16\ns 41 am A2024-31 s 17\nProcuring commercial surrogacy arrangements\ns 42 hdg sub A2024-31 s 18\ns 42 am A2024-31 s 19, s 20\nAdvertising in relation to commercial surrogacy arrangements\ns 43 hdg sub A2024-31 s 21\ns 43 am A2024-31 s 22, s 23\nFacilitating pregnancy\ns 44 am A2024-31 s 24, s 25\nProof of orders etc about parentage\ns 48 sub A2011-48 amdt 1.45\nApproved forms\ns 49 am A2012-21 amdt 3.127\nRegulation-making power\ns 50 am A2012-21 amdt 3.128\nRepeals and consequential amendments\npt 6 hdg om LA s 89 (3)\nLegislation repealed\ns 51 om LA s 89 (3)\nLegislation amended—sch 1\ns 52 om LA s 89 (3)\nTransitional—Parentage (Surrogacy) Amendment Act 2024\npt 7 hdg ins A2024-31 s 26\nexp 10 July 2029 (s 60)\nDefinitions—pt 7\ns 53 ins A2024-31 s 26\nexp 10 July 2029 (s 60)\nParentage order—substitute parent agreement and no parentage order\nbefore commencement day\ns 54 ins A2024-31 s 26\nexp 10 July 2029 (s 60)\nParentage order—arrangement made and child born before commencement\nday\ns 55 ins A2024-31 s 26\nexp 10 July 2029 (s 60)\n\nEndnotes\n4 Amendment history\npage 56 Parentage Act 2004\nEffective: 10/07/24\nR11 (RI)\n17/09/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nParentage order—arrangement made, but child not born, before\ncommencement day\ns 56 ins A2024-31 s 26\nexp 10 July 2029 (s 60)\nParentage order—commercial arrangement made, but child not born, before\ncommencement day\ns 57 ins A2024-31 s 26\nexp 10 July 2029 (s 60)\nEffect of parentage order mentioned in s 55 (4) and access to information\ns 58 ins A2024-31 s 26\nexp 10 July 2029 (s 60)\nEffect of parentage order on commercial substitute parent agreement\ns 59 ins A2024-31 s 26\nexp 10 July 2029 (s 60)\nExpiry—pt 7\ns 60 ins A2024-31 s 26\nexp 10 July 2029 (s 60)\nConsequential amendments\nsch 1 om LA s 89 (3)\nDictionary\ndict am A2008-14 amdt 1.71; A2012-40 amdt 3.90, A2013-39\namdt 2.50 (A2013-39 never effective (see Commonwealth v\nAustralian Capital Territory [2013] HCA 55))\ndef birth parent sub A2024-31 s 27\ndef birth sibling sub A2024-31 s 27\ndef commencement day ins A2024-31 s 29\ndef commercial arrangement ins A2024-31 s 29\ndef commercial substitute parent agreement om A2024-31\ns 28\ndef commercial surrogacy arrangement ins A2024-31 s 29\ndef intended parent ins A2024-31 s 29\ndef parentage order sub A2024-31 s 30\ndef partner ins A2024-31 s 31\ndef payment or reward ins A2024-31 s 31\ndef presumed parent ins A2024-31 s 31\ndef procedure sub A2024-31 s 32\ndef reasonable expense ins A2024-31 s 33\ndef substitute parent om A2024-31 s 34\ndef substitute parent agreement om A2024-31 s 34\ndef surrogacy arrangement ins A2024-31 s 35\n\nEndnotes\nEarlier republications 5\nR11 (RI)\n17/09/24\nParentage Act 2004\nEffective: 10/07/24\npage 57\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n22 Mar 2004\n22 Mar 2004–\n22 Mar 2006\nnot amended new Act\nR2\n23 Mar 2006\n23 Mar 2006–\n18 May 2008\nnot amended commenced expiry\nR3\n19 May 2008\n19 May 2008–\n21 Apr 2010\nA2008-14 amendments by\nA2008-14\nR4\n22 Apr 2010\n22 Apr 2010–\n30 June 2011\nA2009-36 amendments by\nA2009-36\nR5\n1 July 2011\n1 July 2011–\n29 Feb 2012\nA2011-22 amendments by\nA2011-22\nR6\n1 Mar 2012\n1 Mar 2012–\n4 June 2012\nA2011-48 amendments by\nA2011-48\nR7\n5 June 2012\n5 June 2012–\n10 Sept 2012\nA2012-21 amendments by\nA2012-21\nR8\n11 Sept 2012\n11 Sept 2012–\n6 Nov 2013\nA2012-40 amendments by\nA2012-40\nR9\n7 Nov 2013\nnever effective A2013-39 (never\neffective)\namendments by\nA2013-39\nR9 (RI)\n24 Feb 2014\n7 Nov 2013–\n28 Aug 2016\nA2013-39 (never\neffective)\nreissued because of\nHigh Court decision\nin relation to\nA2013-39\nR10\n29 Aug 2016\n29 Aug 2016–\n9 July 2024\nA2016-7 amendments by\nA2016-7\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act’s scope was expanded by the 2024 surrogacy amendments to add a detailed surrogacy regime (Division 2.5: definitions and rules at s 23–31), to create a statutory pathway for intended parents to obtain parentage orders (s 28F–28J), and to introduce criminal offences and prohibitions targeted at commercial surrogacy and related conduct (s 40–45). The amendments also added transitional rules for arrangements made before commencement (Part 7: ss 53–60), and new procedural and substantive requirements (written arrangements, legal advice, counselling, age limits, and restrictions on payments beyond reasonable expenses: s 26–28D; s 24; s 28B–28C). These additions change who may legally obtain parentage orders, impose new compliance obligations on parties and professionals, and criminalise commercial forms of surrogacy within the ACT (s 41–44)."},"complexity_factors":["Multiple overlapping presumptions of parentage (marriage, domestic partnership, registration, court findings, assisted reproduction) with differing legal weight (s 7–11; s 12).","Interaction between civil procedures (parentage declarations and parentage orders) and criminal offences for commercial surrogacy (s 15–22; s 28F–28H; s 40–45).","Detailed procedural safeguards and exceptions (court discretion to adjourn, to refuse hearing, to waive requirements, joinder rules) that require judicial fact‑sensitive decisions (s 17–19; s 21; s 28H(3); s 46).","Surrogacy-specific compliance obligations (written arrangement, independent legal advice, counselling, age limits, reasonable expenses) that involve multiple professional actors (s 26–28D).","Medical testing regime tied to court orders, evidentiary rules and consequences for non-compliance, including specific offences (s 34–37).","Transitional provisions and time-limited windows for pre-amendment arrangements (Part 7: ss 53–60) that add temporary complexity and phased application of requirements.","Cross-application of other legislation (Adoption Act provisions applied to parentage orders; penalty unit scheme referenced in republication notes), requiring cross-referencing (s 29; republication notes).","Regulation-making power leaves several operational details to subordinate instruments (s 50), meaning practical operation depends on later instruments and administrative practice."],"plain_english_summary":"What this law does, in practical terms\n\n- Mechanically, the Act sets rules for deciding who is a child’s legal parent (presumptions, court declarations and parentage orders) and creates a regulatory and criminal framework for surrogacy in the ACT. The Supreme Court is given powers to make parentage declarations and parentage orders (Part 2: see s 6; s 15–22; s 28F–28J). The Act also allows courts to order medical tests relevant to parentage (div 2.6: s 34–37) and to apply specified provisions of the Adoption Act to parentage orders (s 29; s 31C).\n\n- The Act sets a list of legal presumptions about parentage (who is treated as a parent unless the court decides otherwise). Examples include presumptions arising from marriage or civil partnership (s 7), domestic partnership (s 8), registrations (s 9), prior court findings (s 10), and from medical or assisted reproduction procedures (s 11). Some presumptions are conclusive (cannot be rebutted) while others are rebuttable on the balance of probabilities (s 12). The Act also limits a child to having no more than two parents at any one time (s 14).\n\n- For surrogacy, the Act defines key roles (birth parent, intended parent, presumed parent) and requires written agreements, legal advice and counselling for parties entering surrogacy arrangements (s 23; s 26–28A). It sets minimum ages for parties (intended parents at least 18 (s 28B); birth parents at least 18, with special counselling and maturity checks if under 25 (s 28C)). Reasonable expenses are payable or recoverable but payments beyond reasonable expenses (payments or rewards) fall within the Act’s definition of commercial arrangements (s 24; s 28D; s 40).\n\n- The Act creates a route for intended parents living in the ACT to ask the Supreme Court to make a parentage order that makes them the legal parents of a child born under a surrogacy arrangement (s 28F–28G). The Court must be satisfied of the child’s best interests and other conditions; it may waive some formal requirements where appropriate (s 28H–28I). When a parentage order is made, certain consequences follow (naming the child, application of listed Adoption Act provisions to access records and information — s 28L; s 29; s 31C).\n\n- The Act criminalises commercial surrogacy and related conduct: entering into a commercial surrogacy arrangement (s 41), procuring such arrangements (s 42), advertising to induce commercial arrangements (s 43) and knowingly providing professional or technical services to assist a commercial surrogacy (s 44). The Act sets maximum penalties for these offences (see s 41–44 and the note on penalty unit values in the republication header and s 5).\n\n- Transitional provisions (Part 7) create time-limited rules for arrangements made before the 2024 surrogacy amendments (including application windows and special rules about which requirements the Court must apply or may disapply in those historic cases — ss 53–60). Part 7 expires after 5 years (s 60).\n\nWho this affects (straightforward statement)\n\n- Children whose parentage is in question, people claiming to be parents, people named as parents in registers (s 9), and the Registrar-General (notification obligations — s 47). Courts and medical record holders are affected by powers and duties to order tests and manage medical information (s 34–37; s 30). Medical practitioners, counsellors and lawyers are implicated by counselling and legal-advice requirements (s 25; s 28; s 28A).\n\n- Parties to surrogacy arrangements and organisations or individuals who might facilitate commercial surrogacy (including advertisers, intermediaries, and professionals who knowingly assist) face criminal liability for commercial surrogacy conduct (s 40–44). Intended parents living in the ACT are the group given a clear statutory route to secure legal parentage through a parentage order (s 28F–28G).\n\nWhy it matters (stated purpose and clear trade-offs)\n\n- The Act’s stated mechanical purpose for Part 2 is to set out legal presumptions about parentage and to provide for parentage declarations by the Supreme Court (s 6). The surrogacy provisions add a statutory pathway for intended parents to become the child’s legal parents and create criminal prohibitions against commercial surrogacy conduct (s 28F–28H; s 40–45).\n\n- Costs and compliance burdens: parties must obtain legal advice and counselling before entering surrogacy arrangements (s 28; s 28A), and some medical tests and reports ordered by the court are treated as costs of the proceeding (s 37(7)). Courts may require or order medical tests, and failure to comply can lead to adverse inferences or dismissal (s 34–36). These are concrete obligations that impose time, money and procedural burdens on individuals and professionals.\n\n- Incentives and private behaviour: the criminal prohibition on payment beyond reasonable expenses (s 40–41; s 24; s 28D) removes a legal market for paid surrogacy services inside the ACT and creates criminal risk for intermediaries, advertisers and professionals who knowingly assist (s 41–44). This legal configuration creates an incentive for arrangements to be structured as “reasonable expenses” only, or to be arranged outside the ACT’s jurisdiction. The Act’s advertising prohibition (s 43) restricts public solicitation for commercial arrangements and limits certain forms of speech relating to surrogacy.\n\n- Discretion and implementation risks: the Supreme Court holds significant discretion — for example, to refuse to hear an application on best‑interest grounds (s 17), to adjourn to permit joinder of affected parties (s 18; s 21), to waive some preconditions where in the child’s best interests (s 28H(3)(b)), and to consider a broad set of factors in deciding orders (s 28I). Regulatory detail will be supplied by the Executive under the regulation‑making power (s 50), so administrative practice will shape how medical testing and counselling requirements operate in practice.\n\n- Interaction with other laws and limits on private contracting: parentage orders interact with parts of the Adoption Act for record access and related effects (s 29; s 31C). Contracts or agreements that include payment or reward beyond reasonable expenses for surrogacy are, by definition, commercial and engaging in them may be a criminal offence (s 40(1)–(2); s 41). The Act therefore circumscribes the enforceability and legal safety of certain private contracts.\n\nConcrete who-pays points (source-cited)\n\n- Parties pay for required legal advice and counselling before entering surrogacy arrangements (s 28; s 28A).\n- The cost of medical tests ordered under a parentage testing order is treated as costs of the proceeding (s 37(7)).\n- Persons convicted of offences face the penalties in the Act (see ss 41–44 and the penalty unit values referenced in the republication header and s 5).\n\nImplementation and opportunity-cost notes (brief)\n\n- The Act centralises resolution of disputed parentage in the Supreme Court and creates formal preconditions for surrogacy-based parentage transfers, shifting private negotiation into regulated court processes (s 15–22; s 28F–28H). That raises administrative and legal costs and confers discretion on judges and regulators (s 28H; s 50). Transitional provisions (Part 7) add temporary special rules for pre-amendment arrangements, creating a windowed and potentially complex implementation burden (ss 54–59)."},"kimi_summary":{"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2004 scope. Originally focused on presumptions of parentage and parentage declarations, it has expanded into a comprehensive surrogacy regulation scheme. The 2024 amendments (Parentage (Surrogacy) Amendment Act 2024) fundamentally restructured Division 2.5, replacing the old 'substitute parent' framework with 'intended parent' terminology, adding detailed counselling and legal advice requirements, and creating complex transitional arrangements for pre-existing commercial surrogacy arrangements. The Act now functions as both a parentage determination statute and a surrogacy regulatory regime with criminal offences (Part 4), making it substantially broader than its original parentage-focused purpose."},"complexity_factors":["Extensive cross-referencing with the Adoption Act 1993 (sections 29, 31C, 58 apply Adoption Act provisions by reference with modifications)","Multiple overlapping transitional provisions (Part 7, sections 54–60) dealing with pre-2024 surrogacy arrangements, including expired terminology ('substitute parent agreements')","Nested conditional logic in surrogacy provisions: different rules apply depending on whether arrangements are altruistic vs commercial, entered into before or after 10 July 2024, and whether the child was born before or after commencement","27 defined terms in the Dictionary (page 47–48), plus signpost definitions pointing to sections 23 and 40","Complex interaction between presumptions (Division 2.2) with hierarchy rules for conflicting presumptions (section 13)","Exception to the 2-parent limit (section 14) with complex surrogacy parentage order rules that effectively allow transfer of parentage","Geographical nexus provisions (section 45) creating extraterritorial application for commercial surrogacy offences","Multiple amendment layers visible in the amendment history (pages 52–56), including the significant 2024 restructuring of surrogacy provisions"],"plain_english_summary":"**What this law does:**\n\nThe *Parentage Act 2004* (ACT) is the rulebook for figuring out who is legally a parent of a child in the Australian Capital Territory. It covers everything from traditional family situations to modern assisted reproduction and surrogacy.\n\n**Key areas:**\n\n*   **Presumptions about parentage:** The law sets out automatic assumptions about who the parents are. For example:\n    *   If a child is born to someone who is married or in a civil union/partnership, the spouse is presumed to be the other parent (section 7).\n    *   If a person undergoes a fertility procedure (like IVF or artificial insemination) with their partner's consent, the partner is conclusively presumed to be a parent (section 11).\n    *   Entries on birth registers create presumptions (section 9).\n\n*   **Parentage declarations:** If there's a dispute or uncertainty, the Supreme Court can make a formal declaration about who a child's parents are (sections 15–22). This can even happen before a child is born or if a parent has died.\n\n*   **Surrogacy:** This is a major part of the Act. It allows for \"altruistic surrogacy\" (where the birth parent is only reimbursed for reasonable expenses) and, in limited circumstances, provides a pathway for parentage orders for children born under commercial surrogacy arrangements entered into before recent law changes. Key requirements include:\n    *   Written agreements (section 26).\n    *   Independent legal advice for all parties (section 28).\n    *   Mandatory counselling (section 28A).\n    *   Minimum ages (18 for intended parents; 18–25 for birth parents with extra counselling) (sections 28B–28C).\n    *   **Parentage orders:** After a surrogacy birth, the intended parents can apply to the Supreme Court for an order making them the legal parents. This must usually happen between 4 weeks and 6 months after birth (sections 28F–28L).\n\n*   **Commercial surrogacy offences:** The Act bans commercial surrogacy arrangements (where someone is paid beyond reasonable expenses) and makes it a crime to enter into, procure, advertise, or facilitate such arrangements (Part 4). However, the 2024 amendments created limited exceptions allowing parentage orders for some pre-existing commercial arrangements.\n\n*   **Status of children:** The law confirms that children have equal legal status regardless of whether their parents were married or in a registered relationship (Part 3).\n\n*   **DNA testing:** Courts can order medical tests to establish parentage and can draw negative inferences if someone refuses (Division 2.6).\n\n**Who it affects:**\n\n*   Anyone seeking to establish or dispute parentage in the ACT.\n*   Couples or individuals using assisted reproductive technology (ART).\n*   People entering into surrogacy arrangements (both birth parents and intended parents).\n*   Children born through surrogacy or ART.\n*   Legal professionals and courts handling family law matters.\n\n**Why it matters:**\n\nThis Act is crucial because legal parentage determines fundamental rights and responsibilities—inheritance, citizenship, child support, medical consent, and who has a say in a child's upbringing. It modernised ACT law to recognise diverse family structures, including same-sex couples and surrogacy, while trying to protect against the exploitation of commercial surrogacy."}},"importantCases":[],"_links":{"self":"/api/acts/parentage-act-2004","history":"/api/acts/parentage-act-2004/history","analysis":"/api/acts/parentage-act-2004/analysis","conflicts":"/api/acts/parentage-act-2004/conflicts","importantCases":"/api/acts/parentage-act-2004/important-cases","documents":"/api/acts/parentage-act-2004/documents"}}