SURROGACY ACT 2019
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 2 Commencement
- 3 Simplified outline of Act
- 4 Interpretation
- 5 Interaction with other Acts
PART 2--Guiding principles for purposes of Act
- 6 Best interests of child paramount
- 7 Surrogacy principles
- 8 Presumptions under Family Relationships Act 1975 to apply until parentage order made
PART 3--Lawful surrogacy agreements
Division 1--Lawful surrogacy agreements
- 9 Surrogacy agreements not in accordance with Act void and of no effect
- 10 Certain surrogacy agreements lawful in South Australia
- 11 Extent to which surrogacy costs are payable
- 12 Variation of lawful surrogacy agreement
- 13 Extent to which lawful surrogacy agreement can be enforced
Division 2--Counselling
- 14 Counselling requirements prior to entering lawful surrogacy agreement
- 15 Intended parents to ensure counselling available to surrogate mother during pregnancy and after birth
Division 3--Preservation of certain rights of surrogate mother
- 16 Rights of surrogate mother to manage pregnancy and birth
- 17 Medical decisions affecting surrogate mother or child
PART 4--Court orders relating to lawful surrogacy agreements
- 18 Court may make orders as to parentage of child born as a result of lawful surrogacy agreement
- 19 Court may revoke order under section 18 20. Court may require separate representation of child
- 21 Court to notify Registrar of Births, Deaths and Marriages
- 22 Access to Court records
PART 5--Offences relating to surrogacy agreements
- 23 Offence relating to commercial surrogacy agreements
- 24 Offence to arrange etc surrogacy agreement for another person
- 25 Offence to induce person to enter surrogacy agreement
- 26 Offence to advertise certain services relating to surrogacy