New South Wales Consolidated Acts

SURROGACY ACT 2010 - SECT 4

4 Definitions

(1) In this Act:

"affected party" , in relation to a surrogacy arrangement, means each of the following persons:

(a) the birth mother,

(b) a birth mother's partner (if any),

(c) another birth parent (if any),

(d) the intended parents.

"birth mother" --see section 5.

"birth mother's partner" means a birth mother's spouse or de facto partner at the time when the birth mother enters into a surrogacy arrangement but, if more than one person would qualify as the birth mother's partner, means only the last person to so qualify.

Note : Section 21C of the Interpretation Act 1987 defines
"de facto partner" .

"birth mother's surrogacy costs" --see section 7.

"birth parent" , of a child, means a person (other than an intended parent) who is recognised at law as being a parent of the child at the time when the child is born.

"commercial surrogacy arrangement" --see section 9.

"consent" means informed consent freely and voluntarily given by a person with capacity to give the consent.

"Court" means the Supreme Court of New South Wales.

"intended parent" --see section 5.

"Interstate parentage order" means an order under an Interstate surrogacy law that corresponds to a parentage order and includes an order of a kind declared by the regulations to be an Interstate parentage order.

"Interstate surrogacy law" means a law of another State or a Territory that corresponds to this Act, and includes any law declared by the regulations to be an Interstate surrogacy law.

"parentage order" means an order made by the Court under this Act for the transfer of the parentage of a child.

"parental responsibility" , in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children.

"post-conception surrogacy arrangement" --see section 5.

"pre-commencement surrogacy arrangement" --see section 15.

"pre-conception surrogacy arrangement" --see section 5.

"qualified counsellor" means a person who has the experience or qualifications (or both) of a kind required by the regulations to exercise the functions of a counsellor under this Act.

"surrogacy arrangement" --see section 5.

(2) In this Act, a reference to a child of a surrogacy arrangement is a reference to a child born as a result of a surrogacy arrangement or who is the subject of a surrogacy arrangement.

(3) Notes included in this Act do not form part of this Act.