Applying for a Parentage Order in NSW
After a baby is born through a New South Wales surrogacy arrangement, a Parentage Order is required to transfer parentage from the surrogate and her partner to the intended parents.
2024 changes to the NSW Surrogacy Act also allow for a parentage order to be made for children born via international surrogacy.
If you are nearing the end of the surrogacy pregnancy, you will need to think about birth planning and hospital management of the surrogacy birth.
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. They apply to the Supreme Court in NSW. 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 Supreme 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 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. Post-surrogacy counselling is also a requirement of the Parentage Order.
You can start preparing for the Parentage Order application, even before the birth, by collecting some of the required documents.
If you live outside NSW, you can refer to the legislation in the state where the intended parents live to understand the requirements that apply to you.
If you are interested in applying for the Parentage Order yourself, you might be interested in Sarah’s DIY Parentage Order Package. You can contact Sarah to discuss the options for applying for the Parentage Order.
You can find more information in the free Surrogacy Handbook, reading articles in the Blog, by listening to more episodes of the Podcast.
Sarah is the only lawyer in Australia practising exclusively in surrogacy and donor conception, or ‘family creation’ law. Sarah has been a surrogacy lawyer for many surrogacy arrangements in Sydney, Wollongong, Newcastle, Port Macquarie and across New South Wales.
Are you still at the pre-surrogacy stage? Sarah can assist with surrogacy arrangements across all States, including New South Wales and cross-border arrangements. You can contact me here. All consults are conducted over Zoom and email. You can book in for a consult with me below, and check out the legal services I provide.
Have some questions about Parentage Order applications and the options? Send me an email!
Hi! I’m Sarah Jefford (she/her). I’m a family creation lawyer, practising in surrogacy and donor conception arrangements. I’m an IVF mum, an egg donor and a traditional surrogate, and I delivered a baby for two dads in 2018
I advocate for positive, best practice surrogacy arrangements within Australia, and provide support and education to help intended parents make informed decisions when pursuing overseas surrogacy.
