Western Australian Current Acts Western Australian Current Acts The Council may
approve a surrogacy arrangement only if —
(a) the
birth mother —
(i)
has reached 25 years of age; and
(ii)
unless the Council is satisfied that there are
exceptional circumstances because of which it should dispense with this
requirement, has given birth to a live child;
and
(b) the
arrangement is set out in a written agreement signed by —
(i)
each of the arranged parents; and
(ii)
the birth mother and her husband or de facto partner, if
any; and
(iii)
any other person (a donor ) whose egg or sperm is to be
used for the conception of the child or who is the spouse or de facto partner
of a donor;
and
(c) the
Council is satisfied that, at least 3 months before the approval is given,
each of the persons required by paragraph (b) to sign the agreement (the
parties ) has —
(i)
undertaken any counselling about the implications of the
surrogacy arrangement that regulations under this Act require; and
(ii)
been assessed by a clinical psychologist and confirmed,
in a written report provided to the Council, to be psychologically suitable to
be involved in the surrogacy arrangement; and
(iii)
received independent legal advice about the effect of the
surrogacy arrangement;
and
(d) the
Council is satisfied that, at least 3 months before the approval is given,
each of the arranged parents, the birth mother and any donor has been assessed
by a medical practitioner and confirmed, in a written report provided to the
Council, to be medically suitable to be involved in the surrogacy arrangement;
and
(e) the
intended birth mother has not yet become pregnant under the arrangement.