Western Australian Current Regulations

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SURROGACY REGULATIONS 2009 - REG 5

5 .         Application for approval of surrogacy arrangement

        (1)         An application to the Council for the approval of a surrogacy arrangement is to be in a form approved by the Council.

        (2)         The application is to be accompanied by —

            (a)         evidence of the age and obstetric history of the birth mother; and

            (b)         evidence of the age of each arranged parent; and

            (c)         a copy of the signed surrogacy arrangement; and

            (d)         a copy of the certificate referred to in regulation 4(3); and

            (e)         a copy of a clinical psychologist’s report referred to in section 17(c)(ii) of the Act for each of the parties stating the name of the clinical psychologist who undertook the assessment and the day on which the assessment was completed; and

            (f)         a written notice from each legal practitioner who has provided legal advice about the effect of the surrogacy arrangement to a party stating —

                  (i)         the name of the practitioner providing the advice; and

                  (ii)         the name of the person to whom the advice was provided; and

                  (iii)         the day on which the advice was provided; and

                  (iv)         whether the advice was independent legal advice within the meaning given in section 14 of the Act;

                and

            (g)         a copy of a medical practitioner’s report referred to in section 17(d) of the Act for each of the parties stating —

                  (i)         the name of the medical practitioner who undertook the assessment; and

                  (ii)         the day on which the assessment was completed; and

                  (iii)         details of any concerns the medical practitioner has about the effect that involvement of the person in the surrogacy arrangement may have on any known medical condition of the person; and

                  (iv)         details of any medical condition of the person that may pose a risk to a child born as a result of the surrogacy arrangement; and

                  (v)         in the case of the arranged parents, whether the eligibility criteria set out in section 19(1)(b) of the Act have been met.



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