The Youth Court has the power to hear matters relating to surrogacy under the Family Relationships Act 1975.
 

Application to Recognise a Surrogacy Arrangement (s10HB)

One or both commissioning parent/s may apply to the Court for an order recognising a surrogacy arrangement if:
  • The child was born under the terms of a recognised surrogacy agreement;
  • The commissioning parents under the surrogacy agreement are resident in SA;
  • The child was conceived as a result of a fertilisation procedure carried out in SA; and
  • The child is between the ages of 4 weeks and 6 months.

Applications must be made by using Form S1 and Form S2 on this website and must be accompanied by an affidavit and a copy of the surrogacy contract.

All surrogacy related applications are heard by the Judge of the Youth Court.

Application to Discharge an Order Made Under s10HB

On application by the Attorney-General or the Chief Executive, the Court may make an order to discharge an order under s10HB if the original order or a consent related to the original order was obtained by fraud, duress, or improper means, or if exceptional reasons exist.

Such an application must be made using Form S3 and must be accompanied by an affidavit.

A person may apply for leave to intervene in a discharge application and the Court may make an order entitling the person to intervene in the application.

A person permitted to intervene by the Court is to be treated as a party to the application with all rights, duties and liabilities of a party.

Forms, Fees and Rules

Related Links

Contact Us

For further information, contact the Youth Court Registry:
 
p: +61 8 8204 0331
f: +61 8 8204 0333
youthcourt@courts.sa.gov.au
 
Location:
75 Wright Street
Adelaide, South Australia, 5000
 
Postal Address:
75 Wright Street
Adelaide, South Australia, 5000

Contact Us

For further information, contact the Conferencing Unit:
 
Family Conference Enquires
p: +61 8 8204 0594
f: +61 8 8204 0513
familyconference@courts.sa.gov.au
 
Family Group Conference Enquires
p: +61 8 8204 0594
f: +61 8 8204 0591
careandprotection@courts.sa.gov.au
 
Location:
75 Wright Street
Adelaide, South Australia, 5000
 
Postal Address:
Attn: Conferencing Unit
75 Wright Street
Adelaide, South Australia, 5000
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