surrogacy and parentage
surrogacy
Surrogacy is an arrangement where an individual agrees to give birth to a child on behalf of the child’s “intended'“ or biological parents, usually though IVF.
A child’s “intended parents” are usually given the same rights as a biological parent, in circumstances where an order for parental responsibility or parentage has been made by the Court.
parentage
In Australia, there is a presumption of joint parental responsibility for each of a child’s parents for all long-term decisions for the child.
If the parent(s) of a child are unknown, it might be necessary to determine the identity of that parent, and therefore who has the presumed parental responsibility.
paternity testing
If a dispute arises as to the paternity of a child, a party may make an application to the Court for DNA testing to determine whether a party is a biological parent of a child. This is considered primary evidence to determine biological parents, and the findings from such a test are quite difficult to challenge.
The Court will only order DNA testing if there are current proceedings on foot and if it can be shown that obtaining a DNA test is in the best interests of the child.
Where a party refuses a DNA test, an inference can be drawn that the refusal to take the test indicated that they are likely a biological parent.