New South Wales Consolidated Acts

SURROGACY ACT 2010 - SECT 52

52 Prohibition on disclosure of information relating to surrogacy arrangements

(1) A person must not publish any material that identifies, or is reasonably likely to identify, a person as a person affected by a surrogacy arrangement.

Maximum penalty: 25 penalty units or imprisonment for 12 months, or both.

(2) For the purposes of this section, each of the following persons is a person affected by a surrogacy arrangement:

(a) a child of a surrogacy arrangement,

(b) an affected party in relation to a surrogacy arrangement,

(c) a party to any proceedings under this Act (other than the Attorney General),

(d) a person whose consent to a surrogacy arrangement, or the making of a parentage order, is required under this Act.

(3) This section does not prohibit the publication of any material if:

(a) the person identified (or reasonably likely to be identified) as a person affected by a surrogacy arrangement consents to being identified, and

(b) the material does not identify (and is not reasonably likely to identify) any person affected by the surrogacy arrangement who does not consent to being identified.

(4) In this section, a reference to the consent of a person affected by a surrogacy arrangement is, if that person is a child of a surrogacy arrangement who is under 18 years of age, a reference to the consent of the person who has parental responsibility for the child.

(5) In this section:

"publish" means disseminate or provide access, by any means, to the public or a section of the public.