PARENTAGE ACT 2004 - SECT 26 Parentage order
PARENTAGE ACT 2004 - SECT 26
Parentage order(1) The Supreme Court must make a parentage order about the child if satisfied that—
(a) the making of the order is in the best interests of the child; and
(b) both birth parents freely, and with a full understanding of what is involved, agree to the making of the order.
(2) However, the Supreme Court may dispense with the requirement under subsection (1) (b) in relation to a birth parent if satisfied that—
(a) the birth parent is dead or incapacitated; or
(b) the applicants cannot contact the birth parent after making reasonable inquiries.
(3) In deciding whether to make a parentage order, the Supreme Court must take the following into consideration, if relevant:
(a) whether the child's home is, and was at the time of the application, with both substitute parents;
(b) whether both substitute parents are at least 18 years old;
(c) if only 1 of the child's substitute parents has applied for the order, and the other substitute parent is alive at the time of the application, whether—
(i) the other substitute parent freely, and with a full understanding of what is involved, agrees to the making of the order in favour of the applicant substitute parent; or
(ii) the applicant substitute parent cannot contact the other substitute parent to obtain their agreement under subparagraph (i);
(d) whether payment or reward (other than for expenses reasonably incurred) has been given or received by either of the child's substitute parents, or either of the child's birth parents, for or in consideration of—
(i) the making of the order; or
(ii) the agreement mentioned in subsection (1) (b); or
(iii) the handing over of the child to the substitute parents; or
(iv) the making of any arrangements with a view to the making of the order;
(e) whether both birth parents and both substitute parents have received appropriate counselling and assessment from an independent counselling service;
(f) if a birth parent is dead or incapacitated or cannot be contacted—any evidence before the court that the birth parent no longer intended or intends the substitute parents to obtain a parentage order about the child.
(4) The Supreme Court may take into consideration anything else it considers relevant.
(5) For subsection (3) (e), a counselling service is not "independent" if it is connected with—
(a) the doctor who carried out the procedure that resulted in the birth of the relevant child; or
(b) the institution where the procedure was carried out; or
(c) another entity involved in carrying out the procedure.
(6) The Supreme Court must make a parentage order under subsection (1)—
(a) if both substitute parents apply for the order—in favour of both substitute parents; or
(b) if only 1 substitute parent applies for the order, and the other substitute parent is dead or incapacitated at the time of the application (unless the court is satisfied that, at the time of death or incapacitation, the deceased or incapacitated substitute parent no longer intended or intends to apply for a parentage order about the child)—in favour of both substitute parents; or
(c) if, in any other case, only 1 substitute parent applies for the order—in favour of the applicant substitute parent.