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STATUS OF CHILDREN ACT 1974 - SECT 48 Registration orders—application to surrogacy arrangements before commencement of Part

STATUS OF CHILDREN ACT 1974 - SECT 48

Registration orders—application to surrogacy arrangements before commencement of Part

    (1)     Subject to this section, Part IV, as amended by the Justice Legislation Amendment (Succession and Surrogacy) Act 2014 , applies to an application for a registration order in respect of a surrogacy arrangement entered into before the commencement of Part 6 of that Act.

    (2)     If the surrogacy arrangement was entered into before 1 January 2010—

        (a)     the court may make a registration order under section 29E if satisfied that the making of the order is in the best interests of the child; and

        (b)     the requirements of sections 29C, 29D and  29E do not otherwise apply to the making of the order.

    (3)     If the surrogacy arrangement was entered into on or after 1 January 2010 but before the commencement of Part 6 of the Justice Legislation Amendment (Succession and Surrogacy) Act 2014

        (a)     the court may make an order under section 29E if satisfied as to the matters in section 29E(1)(a) to (c); and

        (b)     the requirements of section 29E do not otherwise apply to the making of the order.

Pt 9 (Heading and s. 49) inserted by No. 24/2019 s. 9.

Part IX—Transitional Provisions—Assisted Reproductive Treatment Amendment (Consent) Act 2019

S. 49 inserted by No. 24/2019 s. 9.