NSWIn ForceAct
Surrogacy Act 2010
31Affected parties must consent to order
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#### 31 Affected parties must consent to order
31 Affected parties must consent to order
> > (1) Each of the affected parties must consent to the making of the parentage order.
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> > Note.
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> > Consent is defined to mean informed consent freely and voluntarily given by a person with capacity to give the consent.
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> > (2) The consent of a birth parent to the making of the parentage order is a mandatory precondition to the making of a parentage order unless the Court is satisfied that—
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> > > (a) the birth parent has died or lost capacity to give consent, or
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> > > (b) the birth parent cannot be located after reasonable endeavours have been made to locate him or her.
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> > (3) If the Court grants leave to an intended parent to make a sole application in respect of a surrogacy arrangement that involves 2 intended parents, it is not necessary to establish that the intended parent who is not a party to the application consents to the making of the parentage order.