SURROGACY ACT 2010 No. 2 - SECT 7 7 Meaning of surrogacy arrangement

SURROGACY ACT 2010 No. 2 - SECT 7

(1) A surrogacy arrangement means an arrangement, agreement or understanding between a woman and another person or persons under which--

(a) the woman agrees to become, or try to become, pregnant with the intention that--

(i) a child born as a result of the pregnancy is to be treated as the child, not of the woman, but of the other person or persons; and

(ii) the woman will relinquish to the other person or persons custody and guardianship of a child born as a result of the pregnancy; and

(b) the other person or persons agree to become permanently responsible for the custody and guardianship of a child born as a result of the pregnancy.

Note--

Section 7(1) sets out only the minimum requirements for a surrogacy arrangement. There are many additional requirements which must be satisfied to obtain a parentage order under chapter 3. For example, independent legal advice must be obtained before entering into a surrogacy arrangement if transfer of parentage of the child born as a result of the arrangement is desired--see section 22(2)(e)(i).

(2) There may be other parties to a surrogacy arrangement, for example, the woman's spouse.

Notes--

1 The woman's spouse (if any) must be a party to the arrangement if transfer of parentage of the child born as a result of the arrangement is desired--see section 22(2)(e)(v).

2 Spouse is defined in the Acts Interpretation Act 1954, section 36 to include a de facto partner.

(3) Also, there may be other matters dealt with in a surrogacy arrangement.