After a baby is born through an Australian surrogacy arrangement, the intended parents need to apply for a Parentage Order. The Order allows for the parentage of the baby to be transferred from the birth parents, to the intended parents. The application is done in the State Court, and the process varies between States.

Once the Parentage Order has been granted, the Registry of Births Deaths and Marriages can issue a new Birth Certificate, listing the intended parents as the parents of the child. The legal process of surrogacy is then complete.

Parentage Orders must be applied for between the time that baby is one month old and six months’ old. The application involves evidence from the birth parents and intended parents, and often involves evidence from lawyers, counsellors and the IVF clinic or a medical practitioner.

The process for obtaining a Parentage Order is the same regardless of whether the arrangement was a gestational surrogacy arrangement, or a traditional surrogacy arrangement.

There are a number of options to obtain the Parentage Order. Some intended parents have their lawyer draft all the documents and complete the process for them. Other intended parents complete the application and appear in Court themselves. Another option, is somewhere in between – my DIY Parentage Order package.

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!

In each State, there are requirements that you must meet before applying for a Parentage Order. You can find out more about the surrogacy laws in your State:

New South Wales

Queensland

Victoria

South Australia

Tasmania

Australian Capital Territory

Western Australia

Northern Territory

Note that legislation is often updated, and surrogacy law reform is expected in WA, Victoria and NT in the coming year or two.

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

  1. A 30-minute Zoom 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.

I also provide a Surrogacy Pregnancy and Birth Planning Package, in case you need help navigating and negotiating with hospital and healthcare providers for the pregnancy and birth.

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 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.

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