Western Australian Current Regulations Western Australian Current Regulations (1) The counselling
that is referred to in section 17(c)(i) of the Act is counselling
provided by a counsellor that covers the following issues —
(a) the
likely effect of the surrogacy arrangement on the birth mother and on her
relationship with the arranged parents;
(b)
whether, and to what extent, the birth mother should allow the arranged
parents or a donor to express their views about aspects of the birth
mother’s lifestyle and behaviour during a pregnancy in connection with
the surrogacy arrangement;
(c)
whether prenatal testing will be considered and how the birth mother, the
arranged parents and any donor will address a situation where a serious defect
of a fetus is found;
(d)
identification of expenses associated with the pregnancy and the birth that
may be paid on behalf of, or reimbursed to, the birth parents and the
circumstances in which those expenses may be paid or reimbursed;
(e)
identification of expenses associated with a donation of eggs or sperm
intended to be used for the conception of a child that may be paid on behalf
of, or reimbursed to, a donor and the circumstances in which those expenses
may be paid or reimbursed;
(f) who
is to be present at a child’s birth;
(g)
arrangements for the arranged parents to take care of a child following birth,
including the process of separation of birth parents from the child;
(h) how
the birth of a child born with a disability would be dealt with under the
surrogacy arrangement;
(i)
how the separation of the arranged parents, or the death
of either or both of them, before a child’s birth would be dealt with
under the surrogacy arrangement;
(j) what
information would be given to the child about the circumstances of the
child’s birth and when and by whom it would be given;
(k) what
communication it is proposed that a child would have with the birth parents
and the family of the birth parents during childhood and how any proposed
contact is to be managed;
(l) what
communication it is proposed that a child would have with a donor and the
family of a donor during childhood and how any proposed contact is to be
managed;
(m) the
likely effects of the surrogacy arrangement on other children of the birth
parents or the arranged parents, and the involvement of those children in the
process in ways appropriate to their age and maturity;
(n) the
likely effects of the surrogacy arrangement on the birth mother’s
husband or de facto partner (if any), including consideration of how the
surrogacy arrangement may impact on that relationship;
(o) the
likely effects of the surrogacy arrangement on a donor or the family of a
donor;
(p) how
the situation of birth parents changing their minds about transferring the
care of a child to the arranged parents would be dealt with;
(q) the
attitude towards, and impact of, the surrogacy arrangement on the extended
families of the birth parents, the arranged parents and any donor;
(r) the
level of support networks for the parties during the surrogacy arrangement;
(s)
methods of conflict resolution.
(2) The counsellor is
to determine the process to be used in the provision of counselling.
(3) The counsellor is
to prepare and give to the arranged parents a written certificate
stating —
(a) the
name of each party who has undertaken the counselling referred to in
subregulation (1); and
(b)
details of any concern the counsellor has about the surrogacy arrangement as a
result of the counselling; and
(c) the
day on which counselling was completed by each of the parties.
[Regulation 4 amended: SL 2021/96
r. 5.]