Applying for a Parentage Order in Western Australia

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

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 Family Court in Western Australia for a Parentage Order. 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 Family Court to grant a Parentage Order, the intended parents will need to provide evidence of the surrogacy arrangement, of approval from the Reproductive Technology Council, and that child is living with the intended parents. This may include 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.

You can start preparing for the Parentage Order application, even before the birth, by collecting some of the required documents.

If you live outside Western Australia, 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.

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.

You can find more information in the free Surrogacy Handbook, reading articles in the Blog, by listening to more episodes of the Surrogacy Podcast. You can also book in for a consult with me below, and check out the other legal services I provide.

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 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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