Surrogacy Act 2012
14Persons who may apply for parentage orders
Start here
Get a plain-English read of 14
Turn the raw legal text into a practical explanation grounded in Surrogacy Act 2012.
14 Persons who may apply for parentage orders
(1) A person who is, under a surrogacy arrangement, the only intended parent in relation to a child may apply under section 13(1) for a parentage order in relation to the child.
(2) Subsection (1) only applies in relation to a person if, at the time the surrogacy arrangement is made –
(a) the person does not have a spouse; or
(b) the person is living separately and apart from the person's spouse.
(3) If there are, under a surrogacy arrangement in relation to a child, 2 intended parents who were, at the time the arrangement was made, and are, at the time of the application, spouses of one another, an application under section 13(1) for a parentage order in relation to the child may only be made by both intended parents jointly.
(4) If there are 2 intended parents under a surrogacy arrangement in relation to a child who were, at the time the arrangement was made, spouses of one another, but who are, at the time of the application, no longer spouses of one another –
(a) the application may be made under section 13(1) by both intended parents jointly; or
(b) each of the intended parents may separately apply under section 13(1) for a parentage order naming him or her as becoming a parent in relation to the child.
(5) If there are 2 intended parents under a surrogacy arrangement in relation to a child who were not, at the time the arrangement was made, spouses of one another, neither intended parent may apply under section 13(1) for a parentage order in relation to the child.
(6) An intended parent who makes, in accordance with subsection (4)(b) , an application under section 13(1) for a parentage order in relation to a child must ensure that, at least 14 days before the date of the hearing in respect of the application, the other intended parent is servedwith a copy of the application.
(7) If both intended parents, in accordance with subsection (4)(b) , make separate applications under for a parentage order in relation to the child, the court must deal with the applications together.