Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p3
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 3/8)
Character Range: 67756–70460

or
 (ii) the applicant and the clinic (if any) at which the surrogacy procedure was performed; or
 (iii) the applicant, the surrogate mother and the clinic (if any);
 (f) evidence regarding the identity of the child, including:
 (i) a certified copy of the child's birth certificate;
 (ii) a report, prepared in accordance with regulation 21M of the Family Law Regulations, relating to the information obtained as a result of carrying out a parentage testing procedure;
 (iii) if the child is an Australian citizen—either a certified copy of the child's Australian citizenship certificate, or if the child's name is referred to on an Australian citizenship certificate issued to one of the child's parents, a certified copy of the parent's Australian citizenship certificate;
 (iv) if an order of the kind referred to in subsection 60HB(1) of the Act has been made in relation to the child—a copy of the order;
 (g) evidence regarding the law in the country where the child was born in relation to:
 (i) surrogacy arrangements; and
 (ii) the rights of the surrogate mother in relation to the child; and
 (iii) the rights of the surrogate mother's spouse (if any) in relation to the child.

1.11  Medical procedure proceedings
 (1) This rule applies to applications:
 (a) for an order authorising a major medical procedure for a child that is not for the purpose of treating a bodily malfunction or disease; or
 (b) where there is a dispute about the Gillick competence of, or the diagnosis or treatment of a child for gender dysphoria as defined in the Diagnostic and Statistical Manual of Mental Disorders (DSM‑5) at 302.85 or any subsequent or similar definition.
 (2) Any of the following may make an application to which this rule applies:
 (a) a parent of the child;
 (b) a person who has a parenting order in relation to the child;
 (c) the child;
 (d) the independent children's lawyer;
 (e) any other person concerned with the care, welfare and development of the child.
 (3) If a person referred to in paragraph (2)(a) or (b) is not an applicant, the person must be named as a respondent to the application.
 (4) If an application to which this rule applies is filed, evidence must be given to satisfy the court that the proposed medical procedure is in the best interests of the child.
 (5) The evidence must include evidence from a medical, psychological or other relevant expert witness that establishes the following:
 (a) the exact nature and purpose of the proposed medical procedure;
 (b) the particular condition of the child for which the procedure is required;
 (c) the likely long‑term physical, social and psychological effects on the child:
 (i) if the procedure is carried out; and