Family Court (Surrogacy) Rules 2009 (WA)

Western Australia

Family Court Act 1997

Family Court (Surrogacy) Rules 2009

Western Australia

Family Court (Surrogacy) Rules 2009 Contents1. Citation 12 — Commencement3. Terms used in these rules 14. Application of these rules 25. Application of Family Court Rules 2021 27. Application for parentage orders 28. Ancillary application 29. Response to an application 310. Service of application or response 311. Hearing not necessary if application non‑contentious 412. Notice of hearing of applications 4NotesCompilation table 5Defined terms Family Court Act 1997

Family Court Act 1997

Family Court (Surrogacy) Rules 2009

1.Citation

These rules are the Family Court (Surrogacy) Rules 2009.

2.Commencement

These rules come into operation as follows —

• (a)

  rules 1 and 2 — on the day on which these rules are published in the Gazette;

• (b)

  the rest of the rules — on the day on which the Surrogacy Act 2008 section 20 comes into operation.

3.Terms used in these rules

• (1)

  In these rules —

ancillary application means an application for an order other than a parentage order;

approved, in relation to forms, means approved by the Chief Judge;

arranged parents has the meaning given in the Surrogacy Act 2008 section 14;

birth parents has the meaning given in the Surrogacy Act 2008 section 14;

child means the child in respect of whom an application for a parentage order is made;

Council has the meaning given in the Surrogacy Act 2008 section 15;

parentage order has the meaning given in the Surrogacy Act 2008 section 14.

4.Application of these rules

These rules apply for the purposes of the exercise by the Court of its jurisdiction under the Surrogacy Act 2008.

5.Application of Family Court Rules 2021

The Family Court Rules 2021 apply to the exercise by the Court of its jurisdiction under the Surrogacy Act 2008.

[Rule 5 inserted: SL 2021/148 r. 556(2).]

[6. Deleted: SL 2021/148 r. 556(2).]

7.Application for parentage orders

• (1)

  An application for a parentage order is to be in an approved form.

• (2)

  The application is to be filed in the Court together with — 

  • (a)

    if the Surrogacy Act 2008 section 16(1) applies, a copy of the Council’s approval; and

  • (b)

    if the application is made by 2 persons jointly, the marriage certificate, if any, of the applicants.

• (3)

  The application is to be accompanied by affidavit evidence as to facts on the basis of which the Court may be satisfied as required by the Surrogacy Act 2008 section 21(2).

8.Ancillary application

• (1)

  An ancillary application under a provision of the Surrogacy Act 2008 referred to in the Table is to be in an approved form.

Table

Provision	Description of application
s. 20(3)	for leave to lodge application for parentage order out of time
s. 21(3)	to dispense with a requirement referred to in s. 21(2)(b), (c), (d) or (f)
s. 23	for ancillary orders
s. 27	to discharge a parentage order
s. 30	for approval to vary an approved plan
s. 31	alleging breach of approved plan
s. 36	to exclude a person from having access to information

• (2)

  An ancillary application is to be filed in the Court and accompanied by affidavit evidence as to the facts relied on in support of the orders sought in the application.

• (3)

  The affidavit evidence referred to in subrule (2) is to be separate from affidavit evidence in support of an application for a parentage order.

9.Response to an application

• (1)

  A person who seeks to oppose an order sought in an application for a parentage order or an ancillary application or seeks a different order is to file a response in an approved form.

• (2)

  A response is to be filed in the Court accompanied by affidavit evidence as to the facts relied on in support of the response.

10.Service of application or response

A sealed copy of an application for a parentage order, an ancillary application or a response, and the affidavit in support of the application or response is to be served on persons and in a manner, as the Court directs.

11.Hearing not necessary if application non‑contentious

Unless the Court directs otherwise, a non‑contentious application for a parentage order or ancillary application may be dealt with in the absence of any party to the application or the party’s lawyer.

12.Notice of hearing of applications

If the Court decides that there should be a hearing in relation to an application, the Principal Registrar is to give not less than 28 days’ notice of the time and place of the hearing, or such other period of notice as the Court directs, to all persons entitled to be heard.

Notes

This is a compilation of the Family Court (Surrogacy) Rules 2009 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Citation	Published	Commencement
Family Court (Surrogacy) Rules 2009	25 Feb 2009 p. 491‑9	r. 1 and 2: 25 Feb 2009 (see r. 2(a)); Rules other than r. 1 and 2: 1 Mar 2009 (see r. 2(b) and Gazette 27 Feb 2009 p. 512)
Family Court Rules 2021 Pt. 30	SL 2021/148 18 Aug 2021	23 Aug 2021 (see r. 2(b))

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

ancillary application................................................................................................... 3(1)

approved....................................................................................................................... 3(1)

arranged parents.......................................................................................................... 3(1)

birth parents................................................................................................................. 3(1)

child............................................................................................................................... 3(1)

Council.......................................................................................................................... 3(1)

parentage order............................................................................................................ 3(1)