14Persons who may apply for parentage orders

### 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)](#GS13@Gs1@EN) for a parentage order in relation to the child. > > > (2)  [Subsection (1)](#GS14@Gs1@EN) 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)](#GS13@Gs1@EN) 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)](#GS13@Gs1@EN) by both intended parents jointly; or > > > > > > > (b) each of the intended parents may separately apply under [section 13(1)](#GS13@Gs1@EN) 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)](#GS13@Gs1@EN) for a parentage order in relation to the child. > > > (6)  An intended parent who makes, in accordance with [subsection (4)(b)](#GS14@Gs4@Hpb@EN) , an application under [section 13(1)](#GS13@Gs1@EN) 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)](#GS14@Gs4@Hpb@EN) , make separate applications under [section 13(1)](#GS13@Gs1@EN) for a parentage order in relation to the child, the court must deal with the applications together. > > > (8)  If there are 2 intended parents under a surrogacy arrangement in relation to a child and one of them has died, the surviving intended parent may apply under [section 13(1)](#GS13@Gs1@EN) for a parentage order in relation to the child.