New South Wales Consolidated Acts

SURROGACY ACT 2010 - SECT 5

5 Surrogacy arrangement--meaning

(1) For the purposes of this Act, a
"surrogacy arrangement" means:

(a) an arrangement under which a woman agrees to become or to try to become pregnant with a child, and that the parentage of the child born as a result of the pregnancy is to be transferred to another person or persons (a
"pre-conception surrogacy arrangement" ), or

(b) an arrangement under which a pregnant woman agrees that the parentage of a child born as a result of the pregnancy is to be transferred to another person or persons (a
"post-conception surrogacy arrangement" ).

(2) An agreement that the parentage of a child is to be transferred to another person is an agreement to the following effect (however expressed):

(a) an agreement to consent to a parentage order or an Interstate parentage order being made in respect of the child so as to transfer parentage of the child to another person,

(b) an agreement that the child is to be treated as the child of another person (and not of the woman who gives birth to the child),

(c) an agreement that the custody of, or parental responsibility for, a child is to be transferred to another person,

(d) an agreement that the right to care for a child is to be permanently surrendered to another person.

(3) Other matters may be dealt with in a surrogacy arrangement.

(4) A variation to a pre-conception surrogacy arrangement that is made after a woman who agrees to become pregnant or to try to become pregnant under the arrangement becomes pregnant is considered to be a part of the pre-conception surrogacy arrangement.

Note : A parentage order can be made under this Act in respect of a surrogacy arrangement only if the arrangement is a pre-conception surrogacy arrangement. There are additional preconditions to the making of a parentage order. These are set out in Part 3.

(5) In this Act, a reference to the
"birth mother" , in relation to a surrogacy arrangement, is a reference to the woman who agrees to become pregnant or to try to become pregnant with a child, or is pregnant with a child, under the surrogacy arrangement.

(6) In this Act, a reference to an
"intended parent" is a reference to a person to whom it is agreed the parentage of a child is to be transferred under a surrogacy arrangement.