SURROGACY ACT 2010 NO. 2
Table of Provisions
Contents
CHAPTER 1--PRELIMINARY
Part 1--Introduction
- 1 Short title
- 2 Commencement
- 3 Dictionary
Part 2--Application, objects and guiding principles
- 4 Act binds all persons
- 5 Main objects of Act
- 6 Guiding principles
Part 3--Key concepts
- 7 Meaning of surrogacy arrangement
- 8 Meaning of birth mother, birth mother's spouse and birth parents
- 9 Meaning of intended parent and couple
- 10 Meaning of commercial surrogacy arrangement
- 11 Meaning of birth mother's surrogacy costs
- 12 Meaning of parentage order and discharge order
- 13 Meaning of court
- 14 Meaning of medical or social need for a surrogacy arrangement and eligible woman
CHAPTER 2--SURROGACY ARRANGEMENTS
CHAPTER 3--PARENTAGE ORDERS
Part 1--Introduction
- 19 Definitions for chapter
Part 2--Making a parentage order
- 20 Purpose
- 21 Application for a parentage order
- 22 Making a parentage order
- 23 Dispensing with a requirement
- 24 Additional requirement if multiple births
- 25 Documents and information to be produced to court
- 26 Applicant's or joint applicants' affidavit
- 27 Birth mother's affidavit
- 28 Birth mother's spouse's affidavit
- 29 Other birth parent's affidavit
- 30 Lawyer's affidavit
- 31 Initial counsellor's affidavit
- 32 Surrogacy guidance report
- 33 Court may require attendance
- 34 Form of parentage order
- 35 Child's name
- 36 Other orders
- 37 Other order if deceased intended parent
- 38 Notice if child in need of protection
Part 3--Effect of a parentage order
- 39 Effect on relationships
- 40 Effect for property
- 41 Public trustee to make inquiries if bequest to unlocatable child
- 42 Public trustee is trustee if bequest to unlocatable child
- 43 Public trustee's fees for involvement
- 44 Transfer or distribution of property by trustee
Part 4--Discharge of a parentage order
- 45 Definitions for part
- 46 Application for a discharge order
- 47 Making a discharge order
- 48 Effect of discharge order
Part 5--Appeals
- 49 Appellants and appellable decisions
- 50 Appeal by rehearing
Part 6--Privacy
- 51 Hearing not to be in public
- 52 Access to court records
- 53 Publishing identifying material
CHAPTER 4--MISCELLANEOUS
Part 1--Offences
- 54 Territorial application
- 55 Advertisements and other published matters
- 56 Commercial surrogacy arrangements prohibited
- 57 Giving or receiving consideration
- 58 Providing technical, professional or medical services for a commercial surrogacy arrangement
Part 2--Court matters
- 59 Court rules
- 60 Court fees and other matters
CHAPTER 5--REPEAL AND TRANSITIONAL PROVISIONS
Part 1--Repeal
- 61 Repeal of Surrogate Parenthood Act 1988
Part 2--Transitional provisions for Surrogacy Act 2010
- 62 Definitions for part
- 63 Application for parentage order in relation to pre-commencement surrogacy arrangement
CHAPTER 6--AMENDMENTS
Part 1--Amendment of this Act
- 64 Act amended
- 65 Amendment of long title
Part 2--Amendment of Adoption Act 2009
- 66 Act amended
- 67 Amendment of s 76 (Eligibility for inclusion in register)
Part 3--Amendment of Births, Deaths and Marriages Registration Act 2003
- 68 Act amended
- 69 Amendment of s 3 (Objects)
- 70 Insertion of new s 10A
71. Amendment of s 13 (Application to change child's first name within a year of birth)
- 72 Amendment of s 14 (Reregistering a birth or adoption)
- 73 Amendment of s 15 (Change of name by registration)
- 74 Amendment of s 17 (Application to register change of child's name)
- 75 Amendment of s 19 (Registration of change of name)
- 76 Amendment of s 20 (Notation of change of name other than by registration)
- 77 Amendment of s 41 (Registering events other than adoptions in register)
- 78 Insertion of new ss 41D and 41E
79. Amendment of s 44 (Obtaining information from the registrar)
- 80 Insertion of new s 44A
81. Insertion of new pt 9, div 5
- 82 Amendment of sch 2 (Dictionary)
Part 4--Amendment of Births, Deaths and Marriages Registration Regulation 2003
- 83 Regulation amended
- 84 Amendment of s 13 (Information and documents for registering events in register—Act, s 41)
- 85 Amendment of s 15 (Information that may be obtained from register—Act, s 44)
- 86 Amendment of s 16 (Information for commemorative birth certificate)
- 87 Amendment of sch 1 (Application information)
- 88 Amendment of sch 2 (Information for certificates)
Part 5--Amendment of the Criminal Code
- 89 Act amended
- 90 Amendment of s 222 (Incest)
- 91 Amendment of s 363 (Child-stealing)
Part 6--Amendment of Domicile Act 1981
- 92 Act amended
- 93 Amendment of s 8 (Domicile of certain children)
Part 7--Amendment of Evidence Act 1977
- 94 Act amended
- 95 Amendment of s 21AC (Definitions for div 4A)
Part 8--Amendment of Guardianship and Administration Act 2000
- 96 Act amended
- 97 Amendment of sch 2 (Types of matters)
Part 9--Amendment of Powers of Attorney Act 1998
- 98 Act amended
- 99 Amendment of sch 2 (Types of matters)
Part 10--Amendment of Status of Children Act 1978
- 100 Act amended
- 101 Amendment of s 4 (Definitions)
- 102 Amendment of s 8 (Recognition of paternity)
- 103 Amendment of s 9 (Filing of certain instruments with registrar-general)
- 104 Amendment of s 10 (Declaration of paternity)
- 105 Amendment of s 18 (Implantation procedure—Presumption as to status where donor semen used)
- 106 Amendment of s 19 (Implantation procedure—Presumption as to status where donor ovum used)
- 107 Insertion of new pt 3, div 2, sdiv 2A
- 108 Replacement of s 20 (Application of sdiv 3)
- 109 Amendment of s 22 (Implantation procedure—Presumption as to status where donor semen used)
- 110 Amendment of s 23 (Implantation procedure—Presumption as to status where donor ovum used)
- 111 Insertion of new pt 5, div 3
CHAPTER 7--AMENDMENTS OF ACTS
- 112 Acts amended
SCHEDULE 1 -- MINOR AMENDMENTS OF ACTS
SCHEDULE 2 -- DICTIONARY
