New South Wales Consolidated Acts

SURROGACY ACT 2010

- As at 24 August 2023 
- Act 102 of 2010 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Guiding principle
   4.      Definitions
   5.      Surrogacy arrangement--meaning

   PART 2 - SURROGACY ARRANGEMENTS

           Division 1 - Enforcement of surrogacy arrangements

   6.      Enforcement
   7.      Birth mother's surrogacy costs--meaning

           Division 2 - Offences in relation to surrogacy arrangements

   8.      Commercial surrogacy arrangements prohibited
   9.      Commercial surrogacy arrangement--meaning
   10.     Advertising of surrogacy arrangements prohibited
   11.     Geographical nexus for offences

   PART 3 - PARENTAGE ORDERS

           Division 1 - Parentage orders

   12.     Parentage order
   13.     References to "child"

           Division 2 - Application for parentage order

   14.     Application for parentage order
   15.     Date of surrogacy arrangement
   16.     Time within which application must be made
   17.     Independent counsellor's report

           Division 3 - Making of parentage order

   18.     Making of parentage order by Court
   19.     Ancillary orders
   20.     Birth siblings must be kept together

           Division 4 - Preconditions to making of parentage order

   21.     Preconditions to making of parentage order
   22.     Best interests of child are paramount
   23.     Surrogacy arrangement must be altruistic
   24.     Surrogacy arrangement must be a pre-conception surrogacy arrangement
   25.     Intended parent must be single person or member of a couple
   26.     Age and wishes of child must be considered
   27.     Age of birth mother
   28.     Age of intended parents
   29.     Maturity of younger intended parent must be demonstrated
   30.     Medical or social need for surrogacy arrangement must be demonstrated
   31.     Affected parties must consent to order
   32.     Applicant or applicants must be resident in NSW
   33.     Child must be living with applicant or applicants
   34.     Surrogacy arrangement must be in writing
   35.     Counselling must have been obtained
   36.     Legal advice must have been obtained
   37.     Information must be provided for inclusion in central register
   38.     Birth of child must be registered

           Division 5 - Effect of parentage order

   39.     General effect of order
   40.     Effect on property
   41.     Liability of trustees and legal personal representatives in relation to children
   42.     Name of child

           Division 6 - Discharge of parentage order

   43.     Application for discharge of parentage order
   44.     Power of Court to discharge parentage order
   45.     Effect of discharge of parentage order
   46.     Ancillary orders

           Division 7 - Other provisions relating to parentage order

   47.     Proceedings to be heard in closed court
   48.     Right of appeal
   49.     Registrar of Births, Deaths and Marriages to be notified of order
   50.     Notice to be given to other States
   51.     Director-General of Department of Health to be notified of order

   PART 4 - PROTECTION OF PRIVACY OF SURROGACY ARRANGEMENTS

   52.     Prohibition on disclosure of information relating to surrogacy arrangements
   53.     Restricted access to court records

   PART 5 - ACCESS TO BIRTH INFORMATION
   Note

   54.     Definitions
   55.     Child's right to registered birth information
   56.     Rights of other parties to registered birth information
   57.     Application for supply of birth information

   PART 6 - MISCELLANEOUS

   58.     Proceedings for offences
   59.     Regulations
   60.     Review of Act
           SCHEDULE 1
           Schedule 2 (Repealed)