37 36 Definitions 37 37 Presumption as to status of child if male partner is deceased 37 38 Presumption as to status of child if female partner is deceased 38 39 Presumption as to status of child if female partner is deceased—surrogacy arrangements 39 40 Legal status of deceased parent 40 41 41 Regulations 41 2008 42 42 Definition 42 43 Transitional—Definitions 42 44 Transitional—Repeal of section 10F 42 45 Transitional—Application of Part III 43 46 Transitional—Application of Part IV 43 47 Transitional—Application of Part V 44 ENDNOTES 46 1. General Information 46 2. Table of Amendments 47 3. Explanatory Details 49
S. 9 (Heading) inserted by No. 76/2008 s. 139(1). 9 Instruments may be filed with Registrar of Births, Deaths and Marriages s. 9 S. 9(1) amended by Nos 10244 s. 10, 43/1996 s. 65(Sch. item 11.2), 76/2008 s. 139(2). (1) Any instrument of the kind described in subsection (2) or (2A) of section 8 or a copy thereof may be filed in the office of the Registrar of Births, Deaths and Marriages upon payment of the prescribed fee. S. 9(2) amended by Nos 10244 s. 10, 43/1996 s. 65(Sch. item 11.2). (2) The Registrar of Births, Deaths and Marriages shall cause indexes of all instruments and copies filed with him under subsection (1) to be made and kept in his office and shall, upon request made by or on behalf of a party to an instrument so filed or a child referred to in any such instrument or a guardian or relative of that child cause a search of any index to be made and shall permit that person to inspect any such instrument or copy if he is satisfied that the person has a direct and proper interest in the matter. S. 9(3) amended by Nos 10244 s. 10, 57/1989 s. 3(Sch. item 188), 43/1996 s. 65(Sch. item 11.2), 59/1997 s. 9(b), 76/2008 s. 139(3). (3) Where the Supreme Court makes a declaration of parentage under section 10 the proper officer of the court shall forward a copy of the declaration or order to the Registrar of Births, Deaths and Marriages for filing in his office under this section and on receipt of any such copy the Registrar of Births, Deaths and Marriages shall file it accordingly as if it were an instrument of the kind referred to in subsection (2) or (2A) of section 8. S. 10 (Heading) inserted by No. 76/2008 s. 140(1). 10 Application to Supreme Court for declaration of parentage S. 10(1) substituted by No. 76/2008 s. 140(2). (1) Any person (the first person) who— (a) claims that any named person is a parent of the first person's child; or
(a) does not apply to the extent that its application would be inconsistent with any order made under section 28; and (b) does not affect— (i) anything lawfully done while the substitute parentage order was in force; or (ii) the consequences of anything lawfully done while the substitute parentage order was in force; or (iii) any proprietary right or interest that became vested in any person, while the substitute parentage order was in force. Subdivision 3—Appeals S. 30 inserted by No. 76/2008 s. 147. 30 Appeals s. 30 (1) A party to a proceeding under this Part may appeal to the Court of Appeal against an order of the court in the proceeding or a refusal of the court to make an order. (2) In this section party includes an intervener in an application under section 27. Division 3—Proceedings under this Part S. 31 inserted by No. 76/2008 s. 147. 31 Registrar of Births, Deaths and Marriages to receive copy of orders The court must serve a sealed copy of the order on the Registrar of Births, Deaths and Marriages if the court makes either of the following orders— (a) a substitute parentage order; or (b) a discharge order. S. 32 inserted by No. 76/2008 s. 147. 32 Proceedings to be heard in closed court (1) Any proceeding to which this Part applies must be heard in closed court, and all persons other than
(2) The court may grant leave for access to the court record on application in writing by— (a) a child to whom the proceeding relates; or (b) a surrogate mother of the child; or (c) if the surrogate mother had a partner who was also a party to the surrogacy arrangement, the partner; or (d) a commissioning parent of the child; or (e) an intervener in a proceeding under section 27; or (f) any other person who was a party to the proceeding. (3) The court may refuse the application— (a) if the applicant has not produced to the registrar of the court proof of the applicant's identity; or (b) if granting access would be contrary to any court order in relation to exclusion of persons from the hearing of the proceedings; or (c) for any other reason the court considers appropriate in the circumstances. S. 35 inserted by No. 76/2008 s. 147. 35 Access to court records if person deceased or cannot be found s. 35 (1) If a person referred to in section 34(2) is deceased, an application under that section may be made by an adult who is— (a) a parent or grandparent of the deceased; or (b) a child or grandchild of the deceased; or (c) a sibling of the deceased. (2) If the child to whom the proceeding related is now an adult and cannot be found or contacted after
Pt 6 (Heading and s. 41) inserted by No. 76/2008 s. 147. S. 41 inserted by No. 76/2008 s. 147. 41 Regulations s. 41 The Governor in Council may make regulations for or with respect to— (a) forms for the purposes of this Act; (b) fees to be charged under this Act; (c) generally, any matter or thing which is authorised or required to be prescribed for carrying this Act into effect. Pt 7 (Heading and ss 42–47) inserted by No. 76/2008 s. 147. 2008 S. 42 inserted by No. 76/2008 s. 147. 42 Definition s. 42 In this Part, 2008 Act means the Assisted Reproductive Treatment Act 2008. S. 43 inserted by No. 76/2008 s. 147. 43 Transitional—Definitions For the purposes of Part II, on and from the commencement of Part 14 of the 2008 Act— (a) embryo includes an embryo as defined in section 10A(3) as in force immediately before its repeal; (b) ovum in the process of fertilisation includes an ovum in the process of fertilisation as defined in section 10A(3) as in force immediately before its repeal; (c) syngamy includes syngamy as defined in section 10A(3) as in force immediately before its repeal.
General Information The Status of Children Act 1974 was assented to on 26 November 1974 and came into operation 1 March 1975: Government Gazette 5 February 1975 page 228. Table of Amendments Endnotes This Version incorporates amendments made to the Status of Children Act 1974 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Statute Law Revision (Repeals) Act 1982, No. 9863/1982 Assent Date: 5.1.83 Commencement Date: 5.1.83 : All of Act in operation Status of Children (Amendment) Act 1984, No. 10069/1984 Assent Date: 15.5.84 Commencement Date: 1.8.84: Government Gazette 1.8.84 p. 2713 : All of Act in operation Registration of Births Deaths and Marriages (Amendment) Act 1985, No. 10244/1985 Assent Date: 10.12.85 Commencement Date: 31.10.86: Government Gazette 29.10.86 p. 4114 : All of Act in operation Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989 Assent Date: 14.6.89 Commencement Date: S. 3(Sch. item 188) on 1.9.90: Government Gazette 25.7.90 p. 2217 : This information relates only to the provision/s amending the Status of Children Act 1974 Infertility Treatment Act 1995, No. 63/1995 Assent Date: 27.6.95 Commencement Date: S. 170 on 1.7.88: s. 2(2) : This information relates only to the provision/s amending the Status of Children Act 1974 Legal Practice Act 1996, No. 35/1996 Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 item 79) on 1.1.97: s. 2(3) : This information relates only to the provision/s amending the Status of Children Act 1974 Births, Deaths and Marriages Registration Act 1996, No. 43/1996
Assent Date: 26.11.96 Commencement Date: S. 65(Sch. items 11.1, 11.2) on 1.11.98: s. 2(3) : This information relates only to the provision/s amending the Status of Children Act 1974 Commonwealth Powers (Family Law-Children) (Amendment) Act 1997, No. 59/1997 Assent Date: 5.11.97 Commencement Date: S. 9 on 1.11.98: s. 2(3) : This information relates only to the provision/s amending the Status of Children Act 1974 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 118) on 22.11.00: s. 2(1) : This information relates only to the provision/s amending the Status of Children Act 1974 Endnotes Health Legislation (Research Involving Human Embryos and Prohibition of Human Cloning) Act 2003, No. 11/2003 Assent Date: 6.5.03 Commencement Date: S. 25(2)(3) on 16.10.03: Government Gazette 16.10.03 p. 2624 : This information relates only to the provision/s amending the Status of Children Act 1974 Assisted Reproductive Treatment Act 2008, No. 76/2008 Assent Date: 11.12.08 Commencement Date: Ss 137–147 on 1.1.10: s. 2(3) : This information relates only to the provision/s amending the Status of Children Act 1974 Statute Law Amendment (National Health Practitioner Regulation) Act 2010, No. 13/2010 Assent Date: 30.3.10 Commencement Date: S. 51(Sch. item 53) on 1.7.10: s. 2(2) : This information relates only to the provision/s amending the Status of Children Act 1974 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes No entries at date of publication.