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Family Law

Family Law in Canberra – Children’s passports and the law

By September 10, 2014No Comments

If you’re a separated parent planning overseas travel and needing a passport for your child, bear the following in mind.  You’ll first and foremost need the written consent of all parties with parental responsibility, as a safeguard against parental abduction. There are, however, certain situations where one parent cannot be contacted and after ‘reasonable attempts’, section 11 of the Australian Passports Act 2005 allows for a passport to be issued in such cases, provided an Australian court order permits the child travelling internationally.

If your child doesn’t have an Australian birth certificate, the child’s full overseas one must be provided. In certain situations, such as surrogacy or adoption, there are further requirements. For surrogates, as well as the passport application, a ‘Child born through surrogacy’ form must also be submitted, and in addition to the consent of those with parental responsibility, you must also obtain the consent of the child’s surrogate (or birth mother or gestational carrier). Obtaining legal advice here is vital, especially in light of the recent controversy regarding surrogacy.  For adopted children, individual state legislation applies and depends on the type of adoption (intercountry, expatriate or private). Again, getting expert legal advice is imperative.

The above information is general only–please contact Cristina Huesch here at Alliance Family Law to discuss your specific needs. Read more on children’s passports: http://www.myfamilylaw.net.au/childrens-passports-law

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