(1) An
ART provider must not provide treatment to a woman that is intended to assist
the woman to achieve pregnancy, and which is sought in connection with a
surrogacy arrangement, unless the ART provider has been provided with an
assessment report in relation to the surrogacy arrangement.
Maximum penalty:
100 penalty units in the case of a corporation or 50 penalty units in any
other case.
(2) A registered medical practitioner who undertakes or
supervises the provision of ART services by an ART provider must ensure that
any treatment intended to assist a woman to achieve pregnancy, and which is
sought in connection with a surrogacy arrangement, is not provided to the
woman unless the medical practitioner is satisfied it is appropriate to do so,
having regard to an assessment report.
(3) Contravention of subsection (2) is
not an offence, but may constitute improper conduct by the medical
practitioner for the purposes of the Health Practitioner Regulation National
Law (NSW) .
(4) For the purposes of this section, an
"assessment report" is a report by an independent counsellor about the
surrogacy arrangement, that is based on interviews with the parties to the
surrogacy arrangement.
(6) An assessment report must address such other
matters as the regulations require the report to address.
(7) An ART provider
or medical practitioner does not contravene this section unless it is proved
that the ART provider or medical practitioner knew, or should reasonably have
suspected, that the treatment concerned was sought in connection with a
surrogacy arrangement.
(8) In this section:
"independent counsellor" means a qualified counsellor (within the meaning of
the Surrogacy Act 2010 ) who is not employed or engaged by the ART provider.
