South Australian Numbered Acts

FAMILY RELATIONSHIPS (SURROGACY) AMENDMENT ACT 2015 (NO 15 OF 2015) - SECT 7

7—Amendment of section 10HA—Recognised surrogacy agreements

        (1)         Section 10HA(1), definition of "prescribed relative —delete the definition

        (2)         Section 10HA(2)(a)—delete "a woman (the "surrogate mother )" and substitute:

a surrogate mother

        (3)         Section 10HA(2)(a)(ii)—delete "2 other persons (the "commissioning parents")" and substitute:

the commissioning parents

        (4)         Section 10HA(2)(b)(vii)—delete subparagraph (vii) and substitute:

                  (vii)         the surrogate mother, her husband or domestic partner (if any) and both commissioning parents each have a certificate issued by a counselling service that complies with the requirements of subsection (3);

        (5)         Section 10HA(2)(b)(ix)—after "connected with" insert:

or consisting of

        (6)         Section 10HA(2)(b)(ix)—after subsubparagraph (D) insert:

        (DA)         any reasonable out of pocket expenses incurred by the surrogate mother in respect of the agreement; or

        (7)         Section 10HA(2)(b)—after subparagraph (x) insert:

                  (xi)         the agreement states that the commissioning parents will, in accordance with any requirements in the State Framework for Altruistic Surrogacy, take reasonable steps to ensure that the surrogate mother and her husband or domestic partner (if any) are offered counselling (at no cost to the surrogate mother or her husband or domestic partner) after the birth of a child to which the agreement relates (including, to avoid doubt, a still-birth).

        (8)         Section 10HA(3)—after paragraph (a) insert:

            (ab)         the counselling provided to each person referred to in that subparagraph must, unless it is not reasonably practicable to do so, be provided by the same counsellor;

Note—

Examples where it might not be reasonably practicable to do so would include where the counsellor has a conflict of interest with one of the parties, or is unavailable due to illness.

            (ac)         except as contemplated by paragraph (ab)

, the counselling must be consistent with—

                  (i)         any guidelines related to such counselling published by the Australian and New Zealand Infertility Counsellors Association; and

                  (ii)         any relevant guidelines published by the National Health and Medical Research Council;

        (9)         Section 10HA(3)(b)(i)—delete subparagraph (i) and substitute:

                  (i)         that the person to whom it relates has received counselling about personal and psychological issues that may arise in connection with a surrogacy arrangement; and

        (10)         Section 10HA(4)—delete subsection (4)