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SURROGACY ACT 2012 (NO. 34 OF 2012) - SECT 18 Court may request report from independent counsellor

SURROGACY ACT 2012 (NO. 34 OF 2012) - SECT 18

Court may request report from independent counsellor

(1)  The court may make an order that an independent counsellor, specified in the order, is to provide to the court, within a period, and in a form, specified in the order, a report as to the counsellor's assessment of the matters, specified in the order, in relation to a surrogacy arrangement.
(2)  The matters, in relation to a surrogacy arrangement, that may be specified in an order under subsection (1) include, but are not limited to including, the following matters:
(a) the understanding, of the social and psychological implications of the making of a parentage order, of each relevant party to the surrogacy arrangement;
(b) each relevant party's understanding of the principle that openness and honesty about a child's birth parentage is in the best interests of the child;
(c) the care arrangements proposed by the intended parents in relation to the child;
(d) any arrangements proposed for the child to have contact with his or her birth parent or birth parents or a person, other than an intended parent, who has provided some of the child's genetic material;
(e) the capacity of the intended parent or intended parents to care for the child;
(f) whether any consent given by the birth parent or birth parents is informed consent that has been given freely and voluntarily;
(g) the wishes of the child, if the counsellor is of the opinion that the child is of sufficient maturity to express his or her wishes;
(h) any other matters the counsellor thinks fit.
(3)  The provisions of any law or rules of court relating to the adducing of opinion evidence apply in relation to a report provided in accordance with an order under subsection (1) , unless such a provision is inconsistent with the requirements of this section.
(4)  For the purposes of this section, an independent counsellor, in relation to a surrogacy arrangement, is an accredited counsellor who –
(a) is not the accredited counsellor who counselled any relevant party in relation to the surrogacy arrangement for the purposes of section 16(2)(f) ; or
(b) is not, and is not associated with, a medical practitioner who carried out a procedure that resulted in the conception or birth of the child to which the arrangement relates; or
(c) is not, and is not associated with, a medical practitioner or other person who has been providing health care, or other care, to the person to whom the counselling is to be provided.