SURROGACY ACT 2010 No. 2 - SECT 93 93 Amendment of s 8 (Domicile of certain children)

SURROGACY ACT 2010 No. 2 - SECT 93

(1) Section 8(4) to (6)--

renumber as section 8(6) to (8)--

(2) Section 8--

insert--

'(4) Subsection (5) applies if a child's parentage has been transferred by--

(a) a parentage order under the Surrogacy Act 2010; or

(b) an order of another Australian jurisdiction (also a parentage order) that corresponds to a parentage order made under the Surrogacy Act 2010.

'(5) From the time the parentage order is made, the child's domicile is--

(a) if, on the making of the parentage order, the child has 2 parents--the domicile the child would have if the child were a child born in wedlock to those parents; and

(b) if, on the making of the parentage order, the child has 1 parent only--the domicile of that parent or, if that parent has died, the domicile that parent had at the time of death.'.

(3) Section 8(7), as renumbered, '(2) or (3)'--

omit, insert--

'(2), (3) or (5)'.

(4) Section 8--

insert--

'(9) Subsection (10) applies if a parentage order for a child is discharged by--

(a) a discharge order under the Surrogacy Act 2010; or

(b) an order of another Australian jurisdiction (also a discharge order) that corresponds to a discharge order made under the Surrogacy Act 2010.

'(10) The child's domicile is--

(a) the domicile stated in, or dealt with under, the discharge order; or

(b) if there is no provision in the discharge order dealing with the child's domicile--the domicile the child would have if the transfer of parentage under the parentage order had not taken place.'.