Registering a Birth through Surrogacy

The Effects of Parentage Orders on Birth Certificates

Every time a child is born, his or her birth needs to be registered. This is no different when it comes to a birth by a surrogate.

Generally, the legal presumption about parentage is that a child born to a woman is considered to be the child of that woman and her partner. Based on current surrogacy laws in NSW, the legal presumption about parentage applies irrespective of the surrogacy arrangements between the surrogate and the intended parents or even whether or not the child is biologically related to the surrogate mother or her partner.

Prior to the commencement of the Surrogacy Act in 2010, the only way to transfer parentage was through adoption. Now, in cases of surrogacy, this transfer is formalised by an application for parentage order through the Supreme Court of NSW.

Parentage orders transfer the parentage of a child so that:

  • The child becomes a child of the intended parents and the intended parents become parents of the child; and
  • The child stops being a child of the birth parents and the birth parents stop being parents of the child.

Once a parentage order is granted, the intended parents will have full parental responsibility for the child and this is reflected on the child’s birth certificate which will now register details of the intended parents instead of the birth parents.

Currently, under the Surrogacy Act 2010 (NSW), applications for parentage orders can only be made between 30 days and 6 months after the child’s birth. However, in light of the current review of surrogacy laws in NSW, this, along with many other aspects of surrogacy in NSW may well evolve in the future.

Surrogacy Enquiry

For more information on our surrogacy services and quotes on our professional fees, please contact us or visit our quoting page. One of our experienced surrogacy lawyers would be more than happy to get in touch to see how we can best assist you along your journey.