NSWIn ForceAct
Surrogacy Act 2010
14Application for parentage order
Start here
Get a plain-English read of 14
Turn the raw legal text into a practical explanation grounded in Surrogacy Act 2010.
#### 14 Application for parentage order
14 Application for parentage order
> > (1) An application for a parentage order may be made by one intended parent or by 2 intended parents jointly.
>
> > (2) If there are 2 intended parents under the surrogacy arrangement, the application must be made jointly by the intended parents, unless the Court grants leave to an intended parent to make a sole application for a parentage order.
>
> > (3) The Court may grant leave to an intended parent to make a sole application for a parentage order if—
> >
> > > (a) the other intended parent has died or lost capacity to make decisions, or
> >
> > > (b) the other intended parent cannot be located after reasonable endeavours have been made to locate him or her, or
> >
> > > (c) the intended parents have separated, or
> >
> > > (d) other exceptional circumstances justify that action.
>
> > (4) The Court may, before giving leave to an intended parent to make a sole application, require the intended parent to provide evidence to the satisfaction of the Court that—
> >
> > > (a) the other intended parent has been given notice of the application, and
> >
> > > (b) the other intended parent does not wish to join the application for a parentage order.
>
> > (5) The fact that intended parents have separated does not prevent them from making a joint application for a parentage order.