There is no provision to transfer legal parentage following a surrogacy arrangement in the Northern Territory.
Note, that a birth mother is recognised as the legal mother of the child(ren) she gives birth to (in all states and territories of Australia). There is no opportunity to remove her from this status unless she relinquishes the child for adoption.
If the birth mother is married or in a defacto relationship, her partner, if any, will be deemed the other legal parent of the child.
If there was a surrogacy arrangement, there would be no recognition of the commissioning person(s) as legal parent(s) in most situations, and no mechanism to transfer legal parentage to them.
That is, a sperm donor to a child conceived using artificial insemination or ART is not a legal parent under the Act.
The only potential situation in which a male (‘commissioning person’) may be recognised as the legal father would be if he was the genetic father as a result of sexual intercourse. He would then have to meet the presumptions under, or make an application for a declaration of paternity pursuant to the ‘Status of Children Act NT’.
However, even if this situation did occur, such circumstances may give rise to other legal issues and complexities – see further below.