Section 39 of the Surrogacy Act
Section 39 of the Surrogacy Act provides that on making of the parentage order in relation to a child:
- the child becomes a child of the intended parent or parents named in the order and they become the parents of the child, and
- the child stops being a child of a birth parent and a birth parent stops being a parent of the child.
Accordingly:
- the child of the surrogacy arrangement, has the same rights in relation to the intended parent or parents named in the order as a child born to the parent or parents, and
- the intended parent or parents named in the order have the same parental responsibility as the birth parent had before the making of the order.