17Independent counsellor’s report

#### 17 Independent counsellor’s report 17 Independent counsellor’s report > > (1) An application for a parentage order must be supported by a report about the application prepared by an independent counsellor. > > > (2) The report must contain the independent counsellor’s opinion as to whether the proposed parentage order is in the best interests of the child and the reasons for that opinion. > > > (3) The report is to include the counsellor’s assessment of the following matters— > > > > > (a) each affected party’s understanding of the social and psychological implications of the making of a parentage order (both in relation to the child and the affected parties), > > > > > (b) each affected party’s understanding of the principle that openness and honesty about a child’s birth parentage is in the best interests of the child, > > > > > (c) the care arrangements proposed by the applicant or applicants in relation to the child, > > > > > (d) any contact arrangements proposed in relation to the child and his or her birth parent or parents or biological parent or parents, > > > > > (e) the parenting capacity of the applicant or applicants, > > > > > (f) whether any consent given by the birth parent or parents to the parentage order is informed consent, freely and voluntarily given, > > > > > (g) the wishes of the child, if the counsellor is of the opinion that the child is of sufficient maturity to express his or her wishes. > > > (4) The report may address any other relevant matters. > > > (5) The report must— > > > > > (a) indicate the persons who were interviewed for the purposes of the report, and the date or dates on which the interviews were conducted, and > > > > > (b) set out the basis on which the person making the report claims to be an independent counsellor. > > > (6) The provisions of any law or rules of court relating to the adducing of opinion evidence apply in relation to the independent counsellor’s report, unless inconsistent with this section. > > > (7) For the purposes of this section, an independent counsellor is a qualified counsellor who— > > > > > (a) is not the counsellor who counselled the birth mother, the birth mother’s partner (if any) or an intended parent about the surrogacy arrangement, to meet a precondition to the making of a parentage order, and > > > > > (b) is not, and is not connected with, a medical practitioner who carried out a procedure that resulted in the conception or birth of the child.