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