In December 2015 the Federal Parliament passed the Family Law Amendment (Arbitration and Other
Measures) Rule 2015. These
amendments to the Family Law Act are
in part in relation to how the Family Court is determine surrogacy proceedings,
and in particular the evidence that is required to presented to the Court in
such proceedings.
The amendments provide that evidence is to be adduced to the
Court from the applicants as their personal circumstances, from the birth
mother as to her personal circumstance and in particular whether she provided
informed consent and whether she received counselling and legal advice and evidence
is also required in relation to the identity of the child including in relation
to citizenship. A copy of any surrogacy agreement is also to be presented.
It is also necessary for evidence as to the relevant law in the child's country of birth to be provided to the Court.
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At The Dodds Law Firm, we represent individuals in legal matters that affect their families. If you are facing divorce, a child custody dispute, or another important family law issue, we can help find a successful resolution. We will listen closely to your concerns and make sure that you understand the full scope of your legal options.