SURROGACY ACT 2010 No. 2 - SECT 14 14 Meaning of medical or social need for a surrogacy arrangement and eligible woman

SURROGACY ACT 2010 No. 2 - SECT 14

(1) For an application for a parentage order--

(a) if there is 1 intended parent under the surrogacy arrangement--there is a medical or social need for the surrogacy arrangement if the intended parent is a man or an eligible woman; or

(b) if there are 2 intended parents under the surrogacy arrangement--there is a medical or social need for the surrogacy arrangement if the intended parents are--

(i) a man and an eligible woman; or

(ii) 2 men; or

(iii) 2 eligible women.

(2) An eligible woman is a woman who--

(a) is unable to conceive; or

(b) if able to conceive--

(i) is likely to be unable, on medical grounds, either to carry a pregnancy or to give birth; or

(ii) either--

(A) is unlikely to survive a pregnancy or birth; or

(B) is likely to have her health significantly affected by a pregnancy or birth; or

(iii) is likely to conceive--

(A) a child affected by a genetic condition or disorder, the cause of which is attributable to the woman; or

(B) a child who is unlikely to survive a pregnancy or birth; or

(C) a child whose health is likely to be significantly affected by a pregnancy or birth.