Australian Capital Territory Current Acts

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PARENTAGE ACT 2004 - SECT 28A

Counselling

    (1)     Each party to a surrogacy arrangement must, before entering into the arrangement, receive counselling about its effect.

    (2)     The intended parent or parents must receive counselling from a person who is different to the person from whom the birth parent and their partner, if any, receive their counselling.

    (3)     If there are 2 intended parents to the surrogacy arrangement, they may receive the counselling jointly or separately.

    (4)     If the birth parent's partner is a party to the surrogacy arrangement, the birth parent and their partner may receive the counselling jointly or separately.

    (5)     If the birth parent is to undergo a procedure with the intention of becoming pregnant as a result of the procedure, the counselling each party must receive under this section must be from a person who, or an entity providing counselling services that, is not connected with—

        (a)     the doctor who will carry out the procedure; or

        (b)     the institution where the procedure will be carried out; or

        (c)     another entity involved in carrying out the procedure.



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