South Australian Current Acts

SURROGACY ACT 2019

TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   2.      Commencement
   3.      Simplified outline of Act
   4.      Interpretation
   5.      Interaction with other Acts

   PART 2--Guiding principles for purposes of Act

   6.      Best interests of child paramount
   7.      Surrogacy principles
   8.      Presumptions under Family Relationships Act 1975 to apply until parentage order made

   PART 3--Lawful surrogacy agreements

           Division 1--Lawful surrogacy agreements

   9.      Surrogacy agreements not in accordance with Act void and of no effect
   10.     Certain surrogacy agreements lawful in South Australia
   11.     Extent to which surrogacy costs are payable
   12.     Variation of lawful surrogacy agreement
   13.     Extent to which lawful surrogacy agreement can be enforced

           Division 2--Counselling

   14.     Counselling requirements prior to entering lawful surrogacy agreement
   15.     Intended parents to ensure counselling available to surrogate mother during pregnancy and after birth

           Division 3--Preservation of certain rights of surrogate mother

   16.     Rights of surrogate mother to manage pregnancy and birth
   17.     Medical decisions affecting surrogate mother or child

   PART 4--Court orders relating to lawful surrogacy agreements

   18.     Court may make orders as to parentage of child born as a result of lawful surrogacy agreement
   19.     Court may revoke order under section 18
           20. Court may require separate representation of child
   21.     Court to notify Registrar of Births, Deaths and Marriages
   22.     Access to Court records

   PART 5--Offences relating to surrogacy agreements

   23.     Offence relating to commercial surrogacy agreements
   24.     Offence to arrange etc surrogacy agreement for another person
   25.     Offence to induce person to enter surrogacy agreement
   26.     Offence to advertise certain services relating to surrogacy

   PART 6--Miscellaneous

   27.     Provision of information etc for purposes of Births, Deaths and Marriages Registration Act 1996
   28.     Limitation of liability
   29.     Confidentiality
   30.     Service
   31.     Review of Act
   32.     Regulations
           SCHEDULE 1--Related amendments and transitional provisions etc
           Legislative history