Applying for a Parentage Order in NSW
After a baby is born through an New South Wales surrogacy arrangement, a Parentage Order is required to transfer parentage from the surrogate and her partner to the intended parents.
If you are new to surrogacy, you can read about how to find a surrogate, or how to become a surrogate yourself. You can also download the free Surrogacy Handbook which explains the processes and options.
Sarah has published a book, More Than Just a Baby: A Guide to Surrogacy for Intended Parents and Surrogates, the only guide to surrogacy in Australia.
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.