Surrogacy Act 2022

Each party to a surrogacy arrangement must receive legal advice from a legal practitioner about the surrogacy arrangement and its implications before entering into the surrogacy arrangement.

The legal advice must include advice on the following matters:

the unenforceable nature of the arrangement, other than for reasonable costs under section 12;

the party's legal obligations under the arrangement and this Act;

the legal implications if the surrogate mother does not relinquish the child, including whether child support would be payable by the child's biological father under the Child Support

(Assessment) Act 1989 (Cth);

the legal implications if, after the birth of the child, no birth parent or intended parent wants to be permanently responsible for the child's custody and guardianship;

the legal implications of a parentage order;

the reasons why the party should be open and honest about the child's birth parentage.

The legal practitioner providing the advice must be independent of any business providing fertility services.

The intended parents must receive legal advice from a legal practitioner who is independent of the one providing legal advice to the surrogate mother and her partner, if any.