Paternity, Adoption and Surrogacy

When the paternity of a child is in dispute the Court can order DNA testing and make a parentage declaration after completion of the testing. Once a parentage declaration has been made birth certificates can be altered.

When a child is to be adopted all the birth parents and adopting parents need to receive legal advice in relation to the legal implications of the adoption order being made. There are also special requirements where the child is being adopted by a step-parent.

In the ACT it is possible, in some circumstances, to enter into a surrogacy agreement if the surrogacy is being provided for altruistic reasons, but it is not legal to enter into a surrogacy agreement for commercial purposes. If a woman offers to be a surrogate mother she, any partner of hers and the intended parents of the child need to enter into an agreement prior to conception of the child and obtain a parentage order after the birth of the child. All parties must have legal advice and there are significant limitations on the enforceability of the agreement.

At KJB Law we can assist you by:

• Advising you as to the process for seeking parentage testing and represent you in that process;
• Provide you with advice and guide you through the process of seeking an adoption order or consenting to your child being adopted by another person;
• Represent you in relation to an adoption application
• Draft a surrogacy agreement;
• Provide you with advice in relation to a proposed surrogacy agreement;
• Represent you in relation to an application for a parentage order arising out of a surrogacy agreement

Enquiries

Lisa Ceraolo E: