NSWIn ForceAct
Surrogacy Act 2010
39General effect of order
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#### 39 General effect of order
39 General effect of order
> > (1) On the making of the parentage order in relation to a child—
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> > > (a) the child becomes a child of the intended parent or parents named in the order and they become the parents of the child, and
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> > > (b) the child stops being a child of a birth parent and a birth parent stops being a parent of the child.
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> > (2) Accordingly—
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> > > (a) the child of the surrogacy arrangement has the same rights in relation to the intended parent or parents named in the order as a child born to the parent or parents, and
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> > > (b) the intended parent or parents named in the order have the same parental responsibility as the birth parent had before the making of the order.
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> > Note.
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> > For example, for the purposes of a distribution on intestacy, a child of a surrogacy arrangement is regarded as a child of the intended parent or parents named in the order and the child’s family relationships are determined accordingly. See section 109A of the [Succession Act 2006](/view/html/inforce/current/act-2006-080).
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> > (3) Other relationships are determined in accordance with subsection (1).
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> > (4) However, for the purposes of any law of New South Wales relating to a sexual offence (being a law for which the relationship between persons is relevant), any relationship that would have existed if a parentage order had not been made continues to exist for the purposes of that law in addition to any relationship that exists under this section by virtue of the order.