SURROGACY ACT 2010 - SECT 39
General effect of order
SURROGACY ACT 2010 - SECT 39
General effect of order
39 General effect of order
(1) On the making of the parentage order in relation to a child:
(a) the child
becomes a child of the intended parent or parents named in the order and they
become the parents of the child, and
(b) the child stops being a child of a
birth parent and a birth parent stops being a parent of the child.
(2)
Accordingly:
(a) the child of the surrogacy arrangement has the same rights in
relation to the intended parent or parents named in the order as a child born
to the parent or parents, and
Note : For example, for the purposes of a distribution
on intestacy, a child of a surrogacy arrangement is regarded as a child of the
intended parent or parents named in the order and the child's family
relationships are determined accordingly. See section 109A of the Succession
Act 2006 .
(3) Other relationships are determined in accordance with
subsection (1).
(4) However, for the purposes of any law of New South Wales
relating to a sexual offence (being a law for which the relationship between
persons is relevant), any relationship that would have existed if a
parentage order had not been made continues to exist for the purposes of that
law in addition to any relationship that exists under this section by virtue
of the order.