Where there is no biological connection between an Australian citizen who is the intended parent and the child born through an international surrogacy arrangement, or where such a biological connection has not been satisfactorily established, it is necessary for an Australian citizen to provide other evidence to demonstrate that the Australian citizen was in fact the parent of the child at the time of the child's birth. The type of evidence that would support such a claim is likely to require greater scrutiny and verification than DNA evidence. Consequently, an application based on such evidence may take significantly longer to decide.
Evidence that the parent-child relationship existed at the time of the child's birth may include, but is not limited to:
a formal surrogacy agreement entered into before the child was conceived
lawful transfer of parental rights in the country in which the surrogacy was carried out to the Australian citizen before or at time of the child's birth
evidence that the Australian citizen's inclusion as a parent on the birth certificate was done with that parent's prior consent
evidence that the Australian citizen was involved in providing care for the unborn child and/or the mother during the pregnancy, for example, emotional, domestic or financial support and making arrangements for the birth and prenatal and postnatal care
evidence that the child was acknowledged socially from or before birth as the Australian citizen's child, for example, where the child was presented within the Australian citizen's family and social groups as being the Australian citizen's child.
Evidence that the Australian citizen treated the child as his or her own from some point in time after birth would not by itself be evidence that the Australian citizen was the child's parent at time of birth, but it would lend weight to evidence of the types previously listed
Responsible parents
If an applicant for Australian citizenship by descent is under 16 years old, their application must be signed by a responsible parent. A person is a responsible parent if they meet one of the following requirements:
The person is a parent of the child except where, because of orders made under the Family Law Act 1975, the person no longer has any responsibility for the child.
Under a parenting order, the child is to live with the person.
Under a parenting order, the person has responsibility for the child's long-term or day-to-day care, welfare and development.
The person has guardianship or custody of the child, jointly or otherwise, under an Australian law or a foreign law, whether because of adoption, operation of law, an order of a court or otherwise.
While only one responsible parent is required to consent to and sign the application, the Department encourages all responsible parents to reach an agreement as to whether or not to lodge an Australian citizenship application on behalf of the child.
See: Citizenship by descent