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Page:Status of Children (Assisted Reproduction Technology) Act 2013.pdf/13

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STATUS OF CHILDREN (ASSISTED REPRODUCTION TECHNOLOGY)
13


(2) The following persons may apply to the court for an order to determine the parenthood of a child under this Act:

(a) the child;
(b) a person claiming to be treated as the parent of a child pursuant to section 6, 7 or 9(2);
(c) a person seeking a declaration by the court that he be treated as the parent of a child pursuant to section 8 or 9(3); and
(d) any other person, with the leave of the court.

(3) The court shall not grant leave to any person for the purpose of subsection (2)(d) unless it is satisfied that the person seeking leave has a sufficient interest in the parenthood of the child notwithstanding that he is not claiming to be treated as the parent of a child or seeking a court order declaring that he be treated as the parent of a child.

(4) An application to determine the parenthood of a child may only be made after the birth of the child.

(5) An application to determine the parenthood of a child may be made whether or not there is a dispute as to the parenthood of the child.

(6) An application to determine the parenthood of a child may be contested by the child or any person who is treated or seeking to be treated as the parent of the child.

(7) Where the parenthood of a child is to be determined in the discretion of the court pursuant to section 8 or 9(3)—

(a) the welfare and best interests of the child shall be the first and paramount consideration of the court; and
(b) the court may have regard to all or any of the following matters, where applicable, in considering the welfare and best interests of the child:
(i) the wishes of the child, where the child is of an age to express an independent opinion;
(ii) the child's biological relationship with any party to the proceedings;