South Australian Numbered Acts

FAMILY RELATIONSHIPS (SURROGACY) AMENDMENT ACT 2015 (NO 15 OF 2015) - SECT 6

6—Substitution of section 10H

Section 10H—delete the section and substitute:

10H—Offences

        (1)         Except as authorised by or under this Act or the State Framework for Altruistic Surrogacy , a person who, for valuable consideration, negotiates, arranges or obtains the benefit of a surrogacy contract on behalf of another is guilty of an offence.

Maximum penalty: Imprisonment for 12 months.

        (2)         A person who, for valuable consideration, induces another to enter into a surrogacy contract is guilty of an offence.

Maximum penalty: Imprisonment for 12 months.

        (3)         For the purposes of subsections (1)

and (2)

, the prosecution need not prove that—

            (a)         a surrogacy contract was, in fact, entered; or

            (b)         a woman became pregnant, or a child born, pursuant to a surrogacy contract.