Queensland Numbered Acts

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SURROGACY ACT 2010 No. 2


TABLE OF PROVISIONS

           Contents

CHAPTER 1--PRELIMINARY

           Part 1--Introduction

   1.      Short title
   2.      Commencement
   3.      Dictionary

           Part 2--Application, objects and guiding principles

   4.      Act binds all persons
   5.      Main objects of Act
   6.      Guiding principles

           Part 3--Key concepts

   7.      Meaning of surrogacy arrangement
   8.      Meaning of birth mother, birth mother's spouse and birth parents
   9.      Meaning of intended parent and couple
   10.     Meaning of commercial surrogacy arrangement
   11.     Meaning of birth mother's surrogacy costs
   12.     Meaning of parentage order and discharge order
   13.     Meaning of court
   14.     Meaning of medical or social need for a surrogacy arrangement and eligible woman

CHAPTER 2--SURROGACY ARRANGEMENTS

   15.     Enforcement
   16.     Rights of birth mother to manage pregnancy and birth
   17.     Presumptions under the Status of Children Act 1978
   18.     Registration of birth requirements

CHAPTER 3--PARENTAGE ORDERS

           Part 1--Introduction

   19.     Definitions for chapter

           Part 2--Making a parentage order

   20.     Purpose
   21.     Application for a parentage order
   22.     Making a parentage order
   23.     Dispensing with a requirement
   24.     Additional requirement if multiple births
   25.     Documents and information to be produced to court
   26.     Applicant's or joint applicants' affidavit
   27.     Birth mother's affidavit
   28.     Birth mother's spouse's affidavit
   29.     Other birth parent's affidavit
   30.     Lawyer's affidavit
   31.     Initial counsellor's affidavit
   32.     Surrogacy guidance report
   33.     Court may require attendance
   34.     Form of parentage order
   35.     Child's name
   36.     Other orders
   37.     Other order if deceased intended parent
   38.     Notice if child in need of protection

           Part 3--Effect of a parentage order

   39.     Effect on relationships
   40.     Effect for property
   41.     Public trustee to make inquiries if bequest to unlocatable child
   42.     Public trustee is trustee if bequest to unlocatable child
   43.     Public trustee's fees for involvement
   44.     Transfer or distribution of property by trustee

           Part 4--Discharge of a parentage order

   45.     Definitions for part
   46.     Application for a discharge order
   47.     Making a discharge order
   48.     Effect of discharge order

           Part 5--Appeals

   49.     Appellants and appellable decisions
   50.     Appeal by rehearing

           Part 6--Privacy

   51.     Hearing not to be in public
   52.     Access to court records
   53.     Publishing identifying material

CHAPTER 4--MISCELLANEOUS

           Part 1--Offences

   54.     Territorial application
   55.     Advertisements and other published matters
   56.     Commercial surrogacy arrangements prohibited
   57.     Giving or receiving consideration
   58.     Providing technical, professional or medical services for a commercial surrogacy arrangement

           Part 2--Court matters

   59.     Court rules
   60.     Court fees and other matters

CHAPTER 5--REPEAL AND TRANSITIONAL PROVISIONS

           Part 1--Repeal

   61.     Repeal of Surrogate Parenthood Act 1988

           Part 2--Transitional provisions for Surrogacy Act 2010

   62.     Definitions for part
   63.     Application for parentage order in relation to pre-commencement surrogacy arrangement

CHAPTER 6--AMENDMENTS

           Part 1--Amendment of this Act

   64.     Act amended
   65.     Amendment of long title

           Part 2--Amendment of Adoption Act 2009

   66.     Act amended
   67.     Amendment of s 76 (Eligibility for inclusion in register)

           Part 3--Amendment of Births, Deaths and Marriages Registration Act 2003

   68.     Act amended
   69.     Amendment of s 3 (Objects)
   70.     Insertion of new s 10A
   71.     Amendment of s 13 (Application to change child's first name within a year of birth)
   72.     Amendment of s 14 (Reregistering a birth or adoption)
   73.     Amendment of s 15 (Change of name by registration)
   74.     Amendment of s 17 (Application to register change of child's name)
   75.     Amendment of s 19 (Registration of change of name)
   76.     Amendment of s 20 (Notation of change of name other than by registration)
   77.     Amendment of s 41 (Registering events other than adoptions in register)
   78.     Insertion of new ss 41D and 41E
   79.     Amendment of s 44 (Obtaining information from the registrar)
   80.     Insertion of new s 44A
   81.     Insertion of new pt 9, div 5
   82.     Amendment of sch 2 (Dictionary)

           Part 4--Amendment of Births, Deaths and Marriages Registration Regulation 2003

   83.     Regulation amended
   84.     Amendment of s 13 (Information and documents for registering events in register—Act, s 41)
   85.     Amendment of s 15 (Information that may be obtained from register—Act, s 44)
   86.     Amendment of s 16 (Information for commemorative birth certificate)
   87.     Amendment of sch 1 (Application information)
   88.     Amendment of sch 2 (Information for certificates)

           Part 5--Amendment of the Criminal Code

   89.     Act amended
   90.     Amendment of s 222 (Incest)
   91.     Amendment of s 363 (Child-stealing)

           Part 6--Amendment of Domicile Act 1981

   92.     Act amended
   93.     Amendment of s 8 (Domicile of certain children)

           Part 7--Amendment of Evidence Act 1977

   94.     Act amended
   95.     Amendment of s 21AC (Definitions for div 4A)

           Part 8--Amendment of Guardianship and Administration Act 2000

   96.     Act amended
   97.     Amendment of sch 2 (Types of matters)

           Part 9--Amendment of Powers of Attorney Act 1998

   98.     Act amended
   99.     Amendment of sch 2 (Types of matters)

           Part 10--Amendment of Status of Children Act 1978

   100.    Act amended
   101.    Amendment of s 4 (Definitions)
   102.    Amendment of s 8 (Recognition of paternity)
   103.    Amendment of s 9 (Filing of certain instruments with registrar-general)
   104.    Amendment of s 10 (Declaration of paternity)
   105.    Amendment of s 18 (Implantation procedure—Presumption as to status where donor semen used)
   106.    Amendment of s 19 (Implantation procedure—Presumption as to status where donor ovum used)
   107.    Insertion of new pt 3, div 2, sdiv 2A
   108.    Replacement of s 20 (Application of sdiv 3)
   109.    Amendment of s 22 (Implantation procedure—Presumption as to status where donor semen used)
   110.    Amendment of s 23 (Implantation procedure—Presumption as to status where donor ovum used)
   111.    Insertion of new pt 5, div 3

CHAPTER 7--AMENDMENTS OF ACTS

   112.    Acts amended
           SCHEDULE 1 -- MINOR AMENDMENTS OF ACTS
           SCHEDULE 2 -- DICTIONARY


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