21Persons who may apply for parentage orders

### 21 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 20(1)](#GS20@Gs1@EN) for a parentage order in relation to the child. > > > (2)  [Subsection (1)](#GS21@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 20(1)](#GS20@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, at the time the arrangement was made, were 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 20(1)](#GS20@Gs1@EN) by both intended parents jointly; or > > > > > > > (b) each of the intended parents may separately apply under [section 20(1)](#GS20@Gs1@EN) for a parentage order naming him or her as becoming a parent in relation to the child. > > > (5)  An intended parent who makes, in accordance with [subsection (4)(b)](#GS21@Gs4@Hpb@EN) , an application under [section 20(1)](#GS20@Gs1@EN) for a parentage order in relation to the child must ensure that, at least 14 days before the date of the hearing in respect of the application, the other intended parent is served with a copy of the application. > > > (6)  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 20(1)](#GS20@Gs1@EN) for a parentage order in relation to the child. > > > (7)  A person on whom a copy of an application is served under [subsection (5)](#GS21@Gs5@EN) may make an application under [section 20(1)](#GS20@Gs1@EN) in accordance with [subsection (4)(b)](#GS21@Gs4@Hpb@EN) within 14 days after the copy is so served or, with the court's leave, at a later time. > > > (8)  If both intended parents, in accordance with [subsection (4)(b)](#GS21@Gs4@Hpb@EN) , make separate applications under [section 20(1)](#GS20@Gs1@EN) for a parentage order in relation to the child, the court must deal with the applications together. > > > (9)  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 20(1)](#GS20@Gs1@EN) for a parentage order in relation to the child.