22Making of parentage orders

### 22 Making of parentage orders > > (1)  The court may make a parentage order on an application under [section 20](#GS20@EN) . > > > (2)  The court may make a parentage order under [subsection (1)](#GS22@Gs1@EN) only if it is satisfied as to all of the following matters: > > > > > > (a) the surrogacy arrangement was not a commercial surrogacy arrangement; > > > > > > > (b) if there were 2 intended parents under the surrogacy arrangement and they have not applied jointly for the order, the intended parent who is to be named in the order as becoming a parent of the child has served the other intended parent under [section 21(5)](#GS21@Gs5@EN) with a copy of the application within the period referred to in that subsection; > > > > > > > (c) at the time of the hearing – > > > > > > > > > > (i) the child is being raised by the intended parent, or one of the intended parents, who is to be named in the order as becoming a parent of the child; and > > > > > > > > > > > (ii) each intended parent who is to be named in the order as becoming a parent of the child is resident in Tasmania; and > > > > > > > > > > > (iii) the child is under 18 years of age; and > > > > > > > > > > > (iv) each person who is a relevant party at the time of the hearing consents to the making of the parentage order; > > > > > > > (d) where the court is satisfied that the child is able to adequately form and express the child's opinion as to whether the child wishes to become the child of one or both of the intended parents, the child consents to becoming the child of the intended parent who is to be named in the order as becoming a parent of the child; > > > > > > > (e) the proposed order is in the best interests of the child. > > > (3)  Despite [subsection (2)](#GS22@Gs2@EN) , the court may make a parentage order even though it is not satisfied – > > > > > > (a) as to a matter mentioned in [subsection (2)(b)](#GS22@Gs2@Hpb@EN) or [subsection (2)(c)(i)](#GS22@Gs2@Hpc@Hqi@EN) , [(ii)](#GS22@Gs2@Hpc@Hqii@EN) or [(iii)](#GS22@Gs2@Hpc@Hqiii@EN) ; or > > > > > > > (b) that a birth parent (other than the birth mother or the birth mother's spouse) has consented to the making of the parentage order as required under [subsection (2)(c)(iv)](#GS22@Gs2@Hpc@Hqiv@EN) ; or > > > > > > > (c) that, where there were 2 intended parents, both of them have consented to the making of the parentage order as required under [subsection (2)(c)(iv)](#GS22@Gs2@Hpc@Hqiv@EN)  – > > > > if the court considers that making the parentage order is in the best interests of the child. > > > (4)  Despite [subsection (2)](#GS22@Gs2@EN) , the court may make a parentage order in relation to a child even though the birth mother, or the birth mother's spouse, has not consented, at the time of the hearing, to the making of the order, if – > > > > > > (a) the birth mother or birth mother's spouse – > > > > > > > > > > (i) does not have the mental capacity to be able to consent; or > > > > > > > > > > > (ii) has died; or > > > > > > > > > > > (iii) cannot be contacted, despite reasonable efforts having been made to do so; and > > > > > > > (b) the child is being raised by an intended parent who applied for a parentage order in relation to the child; and > > > > > > > (c) the court considers that making the parentage order is in the best interests of the child. > > > (5)  Subject to [Division 3](#HP4@HD3@EN) , in deciding whether to make the parentage order, the court may have regard to any other matter it considers relevant.