Altruistic Surrogacy — Parentage Order Application

Issuing authority

State and Territory Supreme Courts (and equivalent senior courts)

Official source

How to apply

1. Engage a surrogacy lawyer before conception — all parties (surrogate, her partner if any, intended parents) must receive independent legal advice and sign a written surrogacy agreement.
2. Ensure all parties complete mandatory pre-conception counselling with a qualified counsellor.
3. Wait until at least 28–30 days after the child's birth before filing (exact minimum varies by state — 28 days in QLD and VIC, 30 days in NSW and ACT).
4. File a Parentage Order application in the correct court for your state: Supreme Court of NSW (Surrogacy Act 2010), Supreme Court of VIC (Status of Children Act 1974), Supreme Court of QLD (Surrogacy Act 2010), Family Court of WA, Supreme Court of SA, ACT Supreme Court, or Supreme Court of TAS.
5. Attach supporting documents: copy of surrogacy agreement, certificates of independent legal advice, counselling reports, and sworn affidavits from all parties.
6. Obtain the surrogate's signed written consent to the order (must be given freely after birth and no earlier than 28–30 days post-birth depending on jurisdiction).
7. Attend any directions hearing or final hearing — the court must be satisfied the order is in the child's best interests.
8. Receive the Parentage Order; register the child's birth in the relevant state BDM with intended parents named as legal parents.
9. Note: applications must generally be lodged within 6 months of the child's birth — seek an extension promptly if this is at risk.

Related topics

Related forms

• Divorce Application
• Parenting Orders ApplicationInitiating Application
• Application for Consent OrdersApplication for Consent Orders
• Child Support Assessment
• Enduring Power of Attorney