Declaration of Parentage

A declaration of parentage is a form of relief under the Family Law Act 1975 (Cth) whereby a person is named a parent or a child. A court may issue a declaration of parentage if a child’s paternity is an issue in proceedings under the Act. Since a declaration of parentage is not a parenting order, the child’s best interests are not the paramount consideration. Nonetheless, the child’s best interests are relevant consideration in determining whether a declaration of parentage should issue.

Whether a declaration of parentage is available to intended parents is uncertain given the inconsistent approach courts exercising jurisdiction under the Act have taken to this issue. However, the weight of authority suggests that a declaration of parentage is not available in relation to children born as a result of a commercial surrogacy arrangement commissioned overseas.

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