South Australian Numbered Acts South Australian Numbered Acts4—Insertion of Part 2B Division 1A
After section 10F insert:
Division 1A—State Framework for Altruistic Surrogacy and Surrogate Register
10FA—State Framework for Altruistic Surrogacy
(1) There is to be a State Framework for Altruistic Surrogacy .
(2) The Framework is to be prepared by the Minister in accordance with this section.
(3) The Framework must contain the following information:
(a) information setting out the effect of this Part generally and, in particular, the effect of section 10HA(2);
(b) information setting out the circumstances in which a person can lawfully arrange, or contribute to arranging, a recognised surrogacy agreement on behalf of another;
(c) information relating to conditions that must be satisfied before the Minister will approve a prescribed international surrogacy agreement for the purposes of this Part;
(d) information setting out the circumstances in which a person can advertise for the services of a surrogate mother;
(e) the information required under section 10FB(2)
;
(f) the information required under section 10HA(2)(b)(xi);
(g) information explaining the relationship between this Part and the Assisted Reproductive Treatment Act 1988
and, in particular, how in vitro fertilisation procedures under that Act are, or are not, able to be provided in respect of altruistic surrogacy;
(h) any other information required by the regulations,
and may contain such other information as the Minister thinks fit.
(4) The Minister must, in preparing the Framework—
(a) consult with—
(i) the Australian Medical Association Limited; and
(ii) the Law Society of South Australia; and
(iii) medical practitioners of a class determined by the Minister to whom the administration of the Health Care Act 2008
is committed for the purposes of this paragraph; and
(iv) any other person or body prescribed by the regulations,
and may consult with any other person or body that the Minister thinks appropriate; and
(b) ensure an appropriate focus on the needs of any children born as a consequence of recognised surrogacy agreements; and
(c) call for public submissions in accordance with the scheme set out in the regulations; and
(d) comply with any requirements set out in the regulations relating to the preparation of the Framework.
(5) The Minister may, from time to time, vary or substitute the Framework.
(6) The Framework, and any variation or substitution of the Framework, has effect from the time it is published in the Gazette by the Minister.
(a) cause the Framework, as in force from time to time, to be published on a website determined by the Minister; and
(b) ensure that copies of the Framework are reasonably available for inspection (without charge) and purchase by the public at a place or places determined by the Minister.
(8) The Minister must, at least once in every 3 year period, review the Framework to ensure it remains consistent with community standards.
10FB—Surrogate Register
(1) The Minister must establish a register (the "Surrogate Register ) of women who are willing to act as a surrogate mother within the meaning of section 10HA.
(2) The Surrogate Register must be kept and maintained in accordance with the State Framework for Altruistic Surrogacy .
(3) A woman cannot apply for registration on the Surrogate Register unless—
(a) she is 18 years of age or older; and
(b) she is resident and domiciled in the State; and
(c) she is a permanent resident of Australia; and
(d) she satisfies any other requirement set out in the regulations for the purposes of this subsection.
(4) The Surrogate Register is not available for public inspection.
(5) The regulations may make further provisions in relation to the Surrogate Register (including, to avoid doubt, provisions relating to inspection of the Surrogate Register by specified persons, or persons of a specified class).