Surrogacy

You will need to complete a parentage order application form (Form S1). If your application concerns more than one child, you will need to complete a separate form for each child.

To apply for a parentage order in the Family Court of WA you will need to file:

• an Application for Parentage Order (Form S1).
• an affidavit supporting your case. You need to provide evidence you have met the surrogacy requirements. Use the Surrogacy Affidavit (Form SAFF).
• written approval of the surrogacy arrangement from the WA Reproductive Technology Council.
• the approved surrogacy arrangement.
• a certified copy of the child’s birth certificate.
• medical evidence in support of your eligibility as surrogate parent(s).
• evidence that the birth parents:
  • have received counselling and independent legal advice
  • consent to the parentage order, and
  • have agreed to an appropriate plan.
  • Note the information on this page relating to situations where this evidence is not required.
• evidence that the arranged parent/s have received counselling and independent legal advice.

Situations requiring additional forms

The Court can only accept applications for parentage orders from 28 days after the birth of the child until six months after the birth of the child. If you want to apply outside this period, you will need to get the permission of the Court.

You should complete an ancillary application form (Form S2). You will need to attach evidence explaining why you were unable to apply within the appropriate time period.

Situations where consent of birth parents not required

If the birth mother is not the child’s genetic parent, and at least one of the arranged parents is a genetic parent, the court will not require the consent of the birth parents before making a parentage order. If this is the case, you can complete a Form S2 and attach proof that the arranged parents are the genetic parents and the birth mother is not.

Birth parents cannot be contacted

In situations where the birth parent/s are unable to respond to your application, for example if they have died, or are otherwise incapacitated, you will need to complete an ancillary application form (Form S2) setting out the reasons why the birth parent/s are unable to respond to the application. You will need to supply evidence which proves your statement.

The Court can dispense with the requirement of the birth parent/s consent if the applicant can show that they were unable to provide it, or are unable to be contacted, despite the applicant having made all reasonable efforts to do so.

Last updated: 1-May-2019

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