South Australian Numbered Acts

FAMILY RELATIONSHIPS (SURROGACY) AMENDMENT ACT 2015 (NO 15 OF 2015) - SECT 3

3—Amendment of section 10F—Interpretation

        (1)         Section 10F—before the definition of "procuration contract insert:

"commissioning parents", in respect of a recognised surrogacy agreement, means the 2 persons to whom custody of any child to whom the agreement relates is, or is to be, surrendered;

"prescribed international surrogacy agreement" means—

            (a)         a surrogacy agreement (however described) under a law of another country that is declared by the regulations to be a prescribed international surrogacy agreement; or

            (b)         a surrogacy agreement (however described) relating to surrogacy arrangements between commissioning parents resident in this State and a person resident in another country and approved by the Minister for the purposes of this paragraph;

        (2)         Section 10F, definition of "procuration contract —delete the definition

        (3)         Section 10F, definition of "recognised surrogacy agreement —delete the definition and substitute:

"recognised surrogacy agreement" means a recognised surrogacy agreement under section 10HA(2) and includes, for the purposes of Division 3—

            (a)         a surrogacy agreement (however described) entered into in accordance with a prescribed corresponding law of the Commonwealth, or of another State or Territory; and

            (b)         a prescribed international surrogacy agreement;

        (4)         Section 10F—after the definition of "recognised surrogacy agreement insert:

"State Framework for Altruistic Surrogacy" or "Framework" means the State Framework for Altruistic Surrogacy prepared under section 10FA, as in force from time to time;

        (5)         Section 10F, definition of "surrogacy contract"—after paragraph (b) insert:

but does not include a contract that forms part of, or relates to, a recognised surrogacy agreement or proposed recognised surrogacy agreement;

        (6)         Section 10F—after the definition of "surrogacy contract insert:

"surrogate mother", in respect of a recognised surrogacy agreement, means the woman who will, or will seek to, become pregnant for the purposes of the agreement;