South Australian Numbered Acts South Australian Numbered ActsSchedule 1—Transitional provisions
(1) In this
clause—
Court means the Youth Court of South Australia constituted of a Judge;
surrogacy contract means a surrogacy contract as defined by section 10F of the
Family Relationships Act 1975 .
(2) Subject to this
clause, if the Court, on application under this clause, is satisfied that in
the circumstances of the particular case it would be an appropriate course of
action for the Court to exercise the powers conferred by this clause, the
Court may determine that a surrogacy contract entered into before the
commencement of this clause should have effect as a recognised surrogacy
agreement under section 10HA of the Family Relationships Act 1975
(as enacted by this Act), despite the operation of Part 2B of that Act.
(3) An application
under this clause—
(a) must
be made by all parties to the surrogacy contract; and
(b) must
be made within 15 months after the commencement of this clause.
(4) An application
cannot be made under this clause if a child has been born as a result of the
relevant pregnancy and the child is more than 5 years old on the day on
which this clause comes into operation.
(5) An application may
be made under this clause, and the Court may make an order under this clause,
despite the operation of sections 10G and 10H of the
Family Relationships Act 1975 .
(6) The
Attorney-General may intervene in any proceedings under this clause to make
representations or tender evidence (or both).
(7) If the Court makes
an order under this clause—
(a) the
surrogacy contract will be taken to be a recognised surrogacy agreement
validly entered into under section 10HA of the Family Relationships
Act 1975 ; and
(b) a
child within the contemplation or operation of the agreement will be taken to
be a child born under the terms of a recognised surrogacy agreement; and
(c) the
person or persons to whom custody or rights were to be surrendered under the
surrogacy contract will be taken to be a commissioning parent or commissioning
parents under a recognised surrogacy agreement; and
(d) the
Court may consider and deal with an application under section 10HB of the
Family Relationships Act 1975 (as enacted by this Act) as if it applied
to the surrogacy contract (and to the parties to the surrogacy contract) and,
if relevant, as if subsections (2)(c) and (5) of that section did not apply;
and
(e) the
Court may make any other related order as it thinks fit.