South Australian Numbered Acts

FAMILY RELATIONSHIPS (SURROGACY) AMENDMENT ACT 2015 (NO 15 OF 2015) - SECT 8

8—Insertion of section 10HAB

After section 10HA insert:

10HAB—Medical decisions affecting surrogate mother or child

        (1)         For the purposes of this Act, the Consent to Medical Treatment and Palliative Care Act 1995

and any other Act or law, a question relating to any medical treatment to be provided to a surrogate mother or an unborn child to which a recognised surrogacy agreement relates (including, to avoid doubt, a question relating who can consent to such treatment, whether or not it relates to the pregnancy) is to be determined as if the recognised surrogacy agreement did not exist.

        (2)         Nothing in this section limits the operation of an advance care directive under the Advance Care Directives Act 2013

.