18Making of parentage order by Court

#### 18 Making of parentage order by Court 18 Making of parentage order by Court > > (1) The Court may make a parentage order only if satisfied that the preconditions to the making of a parentage order have been met. > > > (2) However, the Court may make a parentage order, despite not being satisfied a precondition to the making of the order has been met, if— > > > > > (a) for a surrogacy arrangement that is not a commercial surrogacy arrangement— > > > > > > > (i) the precondition is not a mandatory precondition to the making of a parentage order, and > > > > > > > (ii) the Court is satisfied exceptional circumstances justify the making of the parentage order, despite the precondition not being met, or > > > > > (b) for a commercial surrogacy arrangement entered into outside Australia for a child born on or before 30 June 2025— > > > > > > > (i) the precondition is not a mandatory precondition to the making of a parentage order, and > > > > > > > (ii) the Court is satisfied, having regard to the circumstances of the birth parent or parents, the intended parent or parents and the surrogacy arrangement, that it is in the best interests of the child to make the parentage order, despite the precondition not being met, or > > > > > (c) for a commercial surrogacy entered into outside Australia for a child born on or after 1 July 2025— > > > > > > > (i) if the precondition is that the surrogacy arrangement is not a commercial surrogacy arrangement—the Court is satisfied, having regard to the circumstances of the birth parent or parents, the intended parent or parents and the surrogacy arrangement, that it is in the best interests of the child to make the parentage order, despite the precondition not being met, or > > > > > > > (ii) if the precondition is any other precondition that is not a mandatory precondition to the making of a parentage order—the Court is satisfied exceptional circumstances justify the making of the parentage order, despite the precondition not being met. > > > (3) In deciding whether to make the parentage order, the Court may also have regard to any other matter it considers relevant. > > **s 18:** Am 2024 No 71, Sch 8\[1\].