South Australian Numbered Acts South Australian Numbered Acts(1) In this Act, unless the contrary intention appears—
"accredited counsellor" means a counsellor who is accredited in accordance with the regulations for the purposes of this Act;
"birth mother", of a child, means the woman who gave birth to the child;
"birth sibling", of a child, means any other child who is born as a result of the same pregnancy as the child;
"counsellor's certificate" means a statement in a lawful surrogacy agreement signed by an accredited counsellor certifying that the accredited counsellor provided the counselling required under section 14 to a specified person or persons;
"Court" means the Youth Court of South Australia constituted of the Judge of the Court or a magistrate of the Court;
"domestic partner" means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 whether declared as such under that Act or not;
"intended parent"—see section 10(2)(b);
"lawful surrogacy agreement" means—
(a) a surrogacy agreement recognised as a lawful surrogacy agreement under section 10; or
(b) a surrogacy agreement (however described) entered into in accordance with a prescribed corresponding law of the Commonwealth or another State or Territory;
"lawyer's certificate" means a statement in a lawful surrogacy agreement signed by a legal practitioner certifying that—
(a) the legal practitioner explained the legal implications of the agreement to a specified person or persons specified; and
(b) the legal practitioner gave the prescribed information in respect of the lawful surrogacy agreement to a specified person or persons;
"legal practitioner" means a legal practitioner or interstate legal practitioner (both within the meaning of the Legal Practitioners Act 1981 );
"payment" means money or any other consideration;
"reasonable surrogacy costs"—see section 11;
"spouse"—a person is the spouse of another if they are legally married;
"surrogate mother"—see section 10(2)(a);
"surrogacy agreement" means an agreement (whether a lawful surrogacy agreement or otherwise) under which—
(a) a woman agrees to—
(i) become pregnant or attempt to become pregnant; and
(ii) surrender parentage or custody of, or rights in relation to, a child born as a result of the pregnancy to another person or persons; or
(b) a pregnant woman agrees to surrender parentage or custody of, or rights in relation to, a child born as a result of the pregnancy.
(2) For the purposes of this Act, a reference to a lawful surrogacy agreement includes, unless the context requires otherwise, a reference to a proposed lawful surrogacy agreement.
(3) For the purposes of this Act, a reference to a surrogate mother under a lawful surrogacy agreement includes, unless the context requires otherwise, a reference to a person who is to be the surrogate mother pursuant to the lawful surrogacy agreement.
(4) For the purposes of this Act, a person will be taken to have "impaired decision-making capacity in respect of a particular decision if the person is not capable of—
(a) understanding any information that may be relevant to the decision (including information relating to the consequences of making a particular decision); or
(b) retaining such information; or
(c) using such information in the course of making the decision; or
(d) communicating their decision in any manner,
however—
(e) a person will not be taken to be incapable of understanding information merely because the person is not able to understand matters of a technical or trivial nature;
(f) a person will not be taken to be incapable of retaining information merely because the person can only retain the information for a limited time;
(g) a person may fluctuate between having impaired decision-making capacity and full decision-making capacity;
(h) a person's decision-making capacity will not be taken to be impaired merely because a decision made by the person results, or may result, in an adverse outcome for the person.