Getting a Parentage Order from the Supreme Court to recognise a child born from a surrogacy arrangement isn’t easy – as previously discussed, there are a number of requirements that you must satisfy before this is granted.
Some of these requirements must be put in place before entering into the surrogacy arrangement!
The requirements are divided into mandatory requirements and non-mandatory requirements. A failure to comply with a mandatory requirement will cause an application for Parentage Orders to fail. Examples of mandatory requirements are that the Surrogacy Arrangement is altruistic, you (and your partner if you have one) must be above 18, or that the interests of the child are paramount.
Requirements which are not marked as mandatory are considered non-mandatory – which means that the Supreme Court has a discretion to waive the requirements of the Surrogacy Act. That being said, this discretion is not exercised lightly – the Supreme Court must be satisfied that exceptional circumstances exist to exercise that discretion.
Because of the numerous requirements under the Surrogacy Act, it is best to get help to make sure that you don’t slip up and make a mistake – resulting in a failed application. We can certainly help you out there – give us a call at 02 9687 8885 for more information.