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SURROGACY ACT 2012

- Act 34 of 2012 - Royal Assent 26 October 2012

Table of Provisions

Long Title

PART 1 - Preliminary

  • 1 Short title
  • 2 Commencement

PART 2 - Interpretative Provisions

  • 3 Guiding principles
  • 4 Interpretation
  • 5 Meaning of surrogacy arrangement, birth mother and intended parent
  • 6 Meaning of birth mother's spouse and birth parent
  • 7 Meaning of medical or social need
  • 8 Meaning of commercial surrogacy arrangement
  • 9 Meaning of birth mother's surrogacy costs

PART 3 - Surrogacy Arrangements

  • 10 Enforcement
  • 11 Right of birth mother to manage pregnancy

PART 4 - Parentage Orders Division 1 - New surrogacy arrangements

  • 12 Application of this Division
  • 13 Applications for parentage orders
  • 14 Persons who may apply for parentage orders
  • 15 When applications for parentage orders may be made
  • 16 Making of parentage orders
  • 17 Additional requirements if multiple births
  • 18 Court may request report from independent counsellor

Division 2 - Pre-existing surrogacy arrangements

  • 19 Application of this Division
  • 20 Applications for parentage orders
  • 21 Persons who may apply for parentage orders
  • 22 Making of parentage orders

Division 3 - Matters to be taken into account

  • 23 Method of conception, &c., irrelevant to whether parentage order
  • ought to be made

Division 4 - Miscellaneous

  • 24 Other orders
  • 25 Appeal against decision in relation to application for parentage
  • order
  • 26 Effect of parentage orders on legal relationships

PART 5 - Discharge of Parentage Orders

  • 27 Applications for discharge of parentage orders
  • 28 Orders for discharge of parentage orders
  • 29 Effect of discharge of parentage order
  • 30 Appeal against decision granting or refusing discharge of parentage
  • order

PART 6 - Registration of Orders

  • 31 Duty of parents not abrogated by Act
  • 32 Surrogacy record
  • 33 Copy of parentage orders and orders discharging parentage orders to
  • be sent to registrar
  • 34 Record of parentage orders, &c., of child born in Tasmania to
  • be made in birth register
  • 35 Record of parentage orders of persons born outside Tasmania
  • 36 Alteration of records, &c., where parentage orders discharged
  • 37 Sending of memoranda, &c., of orders to other States, &c.
  • 38 Registrar of Supreme Court may provide registrar with certain
  • information
  • 39 Copies of entries in register or surrogacy record

PART 7 - Offences and Prosecutions

  • 40 Commercial surrogacy arrangements prohibited
  • 41 Commercial brokerage or advertising of surrogacy arrangements
  • prohibited
  • 42 Reporting of applications prohibited
  • 43 Prosecutions and enforcement of certain surrogacy arrangements

PART 8 - Miscellaneous

  • 44 Hearings to be private
  • 45 Representation of child
  • 46 Access to court records
  • 47 Accreditation of counsellors
  • 48 Regulations
  • 49 Administration of Act
  • [ Note: This table has been automatically generated and may be incomplete. ]

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