STATUS OF CHILDREN ACT 1974
Table of Provisions
PART I--PRELIMINARY
- 1 Short title and commencement
- 2 Definitions
- 3 All children to be of equal status
- 4 Instruments executed before commencement
- 5 Presumptions as to parenthood
- 6 Protection of executors, administrators and trustees
- 7 Recognition of paternity
- 8 Evidence of parentage
- 9 Instruments may be filed with Registrar of Births, Deaths and Marriages
- 10 Application to Supreme Court for declaration of parentage
PART II--STATUS OF CHILDREN--MEDICAL PROCEDURES--WOMEN WITH A MALE PARTNER
- 10A Interpretation
- 10B Application of Part
- 10C Artificial insemination: presumption as to status of child
- 10D Implantation procedures: presumption as to status of child where donor semen used
- 10E Implantation procedures: presumption as to status of child where donor ovum used
PART III--STATUS OF CHILDREN--MEDICAL PROCEDURES--WOMEN WITH A FEMALE PARTNER OR WITHOUT A PARTNER
- 11 Interpretation
- 12 Application of Part
- 13 Women with a female partner: presumption as to status of child
- 14 Women with a female partner: presumption as to status of child where donor ovum used
- 15 Women with no partner: presumption as to status of child
- 16 Women with no partner: presumption as to status of child where donor ovum used
PART IV--STATUS OF CHILDREN IN SURROGACY ARRANGEMENTS
Division 1--Preliminary
- 17 Interpretation
- 18 Jurisdiction of courts
- 19 Surrogacy arrangements—presumption as to status of child
Division 2--Substitute parentage orders
Subdivision 1--Making
substitute parentage orders
- 20 Application for a substitute parentage order
- 22 Court may make substitute parentage order
- 22A Registrar of Births, Deaths and Marriages must notify Australian State or Territory registering authority of orders
- 23 Additional requirements for surrogacy arrangements without assistance of registered ART provider
- 24 Circumstances in which consent not required
- 25 Ancillary orders
- 26 Effect of substitute parentage order
Subdivision 2--Discharge
of substitute parentage orders
- 27 Who may apply for discharge of substitute parentage order
- 28 Court may order discharge of substitute parentage order
- 29 Effect of discharge of a substitute parentage order
Division 2A--Registration orders
- 29A What is a registration order?
- 29B Application for a registration order
- 29C Applicant must give notice of hearing
- 29D Secretary of the Department of Justice has standing to appear at hearing
- 29E Court may make registration order
- 29F Circumstances in which consent to registration order not required
- 29G Application to revoke registration order
- 29H Court may revoke registration order
- 29I Notification of discharged corresponding surrogacy parentage order
Division 2B--Appeals
Division 3--Proceedings under this Part
- 31 Registrar of Births, Deaths and Marriages to receive copy of orders
- 32 Proceedings to be heard in closed court
- 33 Restrictions on publication of proceedings
- 34 Access to court records
- 35 Access to court records if person deceased or cannot be found
PART V--POSTHUMOUS USE OF GAMETES--STATUS OF CHILDREN
- 36 Definitions
- 37 Presumption as to status of child if male partner is deceased
- 38 Presumption as to status of child if female partner is deceased
- 39 Presumption as to status of child if female partner is deceased—surrogacy arrangements
- 39A Presumption as to status of child if male partner is deceased—surrogacy arrangements
- 40 Legal status of deceased parent
PART VI--GENERAL
PART VII--TRANSITIONAL PROVISIONS--ASSISTED REPRODUCTIVE TREATMENT ACT 2008
- 42 Definition
- 43 Transitional—Definitions
- 44 Transitional—Repeal of section 10F
- 45 Transitional—Application of Part III
- 46 Transitional—Application of Part IV
- 47 Transitional—Application of Part V
PART VIII--TRANSITIONAL PROVISIONS--JUSTICE LEGISLATION AMENDMENT (SUCCESSION AND SURROGACY) ACT 2014
- 48 Registration orders—application to surrogacy arrangements before commencement of Part
PART IX--TRANSITIONAL PROVISIONS--ASSISTED REPRODUCTIVE TREATMENT AMENDMENT (CONSENT) ACT 2019
- 49 Transitional provisions—Assisted Reproductive Treatment Amendment (Consent) Act 2019
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