parentage order

/parentage order

Frequently Asked Questions

By |2019-01-18T20:01:42+00:00January 2nd, 2019|Categories: altruistic surrogacy, Australia, Blog, costs of surrogacy, finding a surrogate, ivf, parentage order, surrogacy process, traditional surrogacy|

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I promote positive, empowered altruistic surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

You can get in touch with me through the options below.

Contact Me

PO Box 366, Batman VIC 3058

Phone: 0400481703

Book an initial 30 minute consult

Click here to book!

DIY Parentage Order: You Can Do It!

By |2019-01-18T20:01:55+00:00December 27th, 2018|Categories: Australia, Blog, laws, parentage order, surrogacy process|

By the time you have your baby in your arms, you’ve spent considerable money on IVF, legal expenses, counselling and pregnancy and birth expenses for your surrogate…not to mention decorating the nursery and buying size 0000 onesies! I imagine you’re probably a bit worn out, financially, and more than ready to settle down with your new family.

But what about the Parentage Order?! You need to apply for the Parentage Order, to transfer parentage from the surrogate and her partner to the intended parents, and to get the Birth Certificate re-issued with your names listed as parents. Usually that means more lawyer fees… but did you know that there’s no requirement to have a lawyer represent you for your Parentage Order? You can choose to do it all yourself! Read below for my tips on preparing your own Parentage Order application, and how you can get the help you need without spending a fortune.

In each State, there are requirements that you must meet before applying for a Parentage Order. You should have a look at the law that applies in your State:

New South Wales: Surrogacy Act 2010

Queensland: Surrogacy Act 2010

Victoria: Assisted Reproductive Treatment Act 2008

South Australia: Family Relationships Act 1974

Tasmania: Surrogacy Act 2012

ACT: Parentage Act 2004

Western Australia: Surrogacy Act 2008

Note that legislation is often updated, and surrogacy law reform is expected in WA, SA, Victoria and NT in the coming year or two. If you’re looking for the most up-to-date legislation, you can usually find it by googling the name of the law and the State – for example ‘surrogacy act nsw.’

If you are in Victoria, you are extra lucky because there is a DIY Parentage Order kit on the County Court website.

The documents required for the Application include:

  1. The Application. You should search the Court in your State for template forms, and call the Court Registry and ask them for assistance.
  2. An Affidavit from the Intended Parents;
  3. An Affidavit from the surrogate and her partner;
  4. A Certified Copy of the baby’s Birth Certificate;
  5. The Court filing fee (most States charge a fee, usually between $400 and $1,200).

The general criteria of a Parentage Order are listed within the legislation for each State – you should read the legislation and look for sections called ‘Application for Parentage Order’ and similar. In NSW, for example, you should pay attention to Division 4 – Preconditions to making a Parentage Order.  You will see that a Parentage Order requires certain preconditions to have been met – including that the parties obtained legal advice and had counselling about the arrangement, and evidence that it was altruistic and that the surrogate and her partner consent to the Order being made.

All of this might seem overwhelming, and that’s understandable. Remember that lawyers have been trained to read, analyse and apply legislation. If you would like to prepare the Application yourself, there are ways that you can do it, with a lawyer’s assistance, and without a large bill at the end.

I provide a DIY Parentage Order Legal Advice Package. It allows you to complete the Application yourself, and have me as your personal guide through the process. The Package includes:

  1. A 30-minute Skype Consult to advise you on the Application process and everything you need to get you started;
  2. A tailored DIY Parentage Order Tip Sheet, outlining the Application requirements in your State and what you need to do to complete your Application;
  3. Once you have completed the Application and Affidavits for your Application, I will read, review and provide advice for any amendments, and to get you ready to submit your Application to the Court.

If you would like to know more about the DIY Package, you can contact me any time in the lead up to your baby’s birth, or shortly afterwards. No matter where you are in Australia, I can help you prepare your own Parentage Order.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I promote positive, empowered altruistic surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

You can get in touch with me through the options below.

Contact Me

PO Box 366, Batman VIC 3058

Phone: 0400481703

Applying for a Parentage Order

By |2019-01-09T02:53:23+00:00November 15th, 2018|Categories: altruistic surrogacy, Australia, Blog, interstate surrogacy, laws, parentage order, parenthood, surrogacy, surrogacy process, surrogate, written agreements|

After a baby is born through an Australian surrogacy arrangement, a Parentage Order is required to transfer parentage from the surrogate and her partner to the intended parents.

When the baby is born, the surrogate and her partner register the baby’s birth in the State where the baby is born. They can register the baby with a name chosen by the intended parents.

The surrogate and her partner are listed as the baby’s parents on the birth certificate.

Once the birth certificate is issued, the intended parents must apply for a Parentage Order (also called a Substitute Parentage Order). They apply to a Court in the State where they live. The purpose of a Parentage Order is to transfer parentage from the surrogate and her partner, to the intended parents. This has the effect of providing an Order that recognises the surrogacy arrangement, and who the true parents are. The Order also tells the Registry of Births Deaths and Marriages in the surrogate’s State, to re-issue the birth certificate with the parents listed, instead of the surrogate and her partner.

For the Court to grant a Parentage Order, the intended parents will need to provide evidence of the surrogacy arrangement, and that the surrogate and her partner have relinquished care of the baby to the parents. This is usually provided by way of Affidavits from each of the intended parents and the surrogate and her partner.

The Court will need to see evidence that the parties received legal advice and counselling prior to the pregnancy. In some States, post-surrogacy counselling is also a requirement of the Parentage Order.

You should refer to the legislation in the state where the intended parents live to understand the requirements that apply to you.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I promote positive, empowered altruistic surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

You can get in touch with me through the options below.

Contact Me

PO Box 366, Batman VIC 3058

Phone: 0400481703

Parenting Orders and Parentage Orders

By |2018-12-29T01:21:33+00:00November 5th, 2018|Categories: altruistic surrogacy, America, Australia, Blog, Canada, laws, overseas, parentage order, Ukraine|

Parenting Orders are often made when parents are separated and need to formalise the arrangements for where the children will live and who they will spend time with. These are made in the family law courts.

Parentage Orders are made to transfer parentage from a surrogate and her partner, to the intended parents. These are made in State Courts. These Orders provide for the Birth Certificate to be changed, removing the surrogate and her partner, and replacing their names with those of the intended parents.

In Australian domestic surrogacy arrangements, the appropriate Orders are Parentage Orders.

In some international surrogacy cases, intended parents may choose to obtain Parenting Orders to recognise both parents as having parental responsibility for the child, once they return to Australia. This is generally not necessary where both the intended parents are already listed on the Birth Certificate.

Click here to see a Comparison of Parentage and Parenting Orders.

You may be told that you must have a Parenting Order if you had a child through international surrogacy. This is often not the case. Parenting Orders can only be obtained if you have evidence of the surrogacy arrangement, and can provide evidence that the surrogate and her partner consented to the Order being made. The Parenting Order application process can be complex, time-consuming and expensive – if you don’t need to do it, why would you bother? But if only one (or neither) of the Intended Parents is listed on the Birth Certificate, Parenting Orders can provide acknowledgement that the intended parents have parental responsibility of the child (and that the surrogate does not), and can assist with accessing services such as Medicare and Centrelink.

Hi! I’m Sarah Jefford. I’m a surrogacy, fertility and family lawyer. I’m also an IVF Mum, an egg donor and a traditional surrogate, and I delivered a baby for her Dads in 2018.

I promote positive, empowered altruistic surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.

You can get in touch with me through the options below.

Contact Me

PO Box 366, Batman VIC 3058

Phone: 0400481703

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This Sliding Bar can be switched on or off in theme options, and can take any widget you throw at it or even fill it with your custom HTML Code. Its perfect for grabbing the attention of your viewers. Choose between 1, 2, 3 or 4 columns, set the background color, widget divider color, activate transparency, a top border or fully disable it on desktop and mobile.