Provided the above requirements have been met, and a child is born, the commissioning parent(s) may make an application to the court for a legal parentage order – no less than 28 days and no more than 6 months after the child is born .
The Status of Children’s Act 1974 (Vic) requires that the court must further be satisfied that
- making the order is in the best interests of the child;
- the Patient Review Panel approved the surrogacy arrangement before it was entered into; and
- the child was living with the commissioning parents at the time the application was made.
They will also require confirmation that no material benefit has been gained by the surrogate mother and/or her partner (if any), she and her partner (if any) consent to the order, and make any other considerations deemed relevant.
The Status of Children’s Act 1974 (Vic) provides additionally for surrogacy arrangements that have occurred without the assistance of a registered ART provider. When the surrogate mother has become pregnant as a result of artificial insemination, and the commissioning parents have applied for a substitute parentage order, the court must be satisfied that
- the surrogate mother was at least 25 years of age before entering the arrangement,
- that all parties (the surrogate mother, her partner (if any) and the commissioning parent(s) have received counselling as per the requirements described above, and
- that all parties have received information about the legal implications of the surrogacy arrangement.