What is a ‘parentage order’?

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:

  1. the child becomes a child of the intended parent or parents named in the order and they become the parents of the child, and
  2. the child stops being a child of a birth parent and a birth parent stops being a parent of the child.

Accordingly:

  1. 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
  2. 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.

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