SURROGACY ACT 2010 No. 2 - SECT 47 47 Making a discharge order

SURROGACY ACT 2010 No. 2 - SECT 47

(1) On an application under this part, the court may make a discharge order discharging a parentage order in relation to a child.

(2) The court may make the discharge order only if the court is satisfied of all of the following matters--

(a) reasonable efforts have been made to serve the application on--

(i) each other interested person (other than the Attorney-General); and

(ii) if the child is under 18 years but the court considers it appropriate having regard to the child's age--the child;

(b) one of the grounds mentioned in section 46(1)(a), (b) or (c).

(3) If the court makes a discharge order, the court must, in the same order, declare the first name and surname by which the child is to be known after the making of the discharge order.

(4) In declaring a first name under subsection (3), the court must have regard to the principle that a child's first name should be retained except in special circumstances.

(5) Also, if the child has been served with a copy of the application, in declaring a name under subsection (3) the court must consider the child's views about his or her name.

(6) A declaration of names in a discharge order does not prevent a subsequent change of name under a law of the State or the Commonwealth.

(7) If the court makes a discharge order, it may also make any other order it considers appropriate in the interests of justice or to ensure the child's wellbeing and best interests, including an order relating to--

(a) the ownership or possession of property; or

(b) any matter affecting the child in relation to the duties, powers, responsibilities and authority which, by law, parents have in relation to children; or

(c) where the child is to live.