Surrogacy Act 2022

In this Act:

birth includes still-birth.

birth parent, in relation to a child, means a person recognised by law as a parent of the child when the child is born.

child includes a still-born child.

consent means free and voluntary agreement.

commercial surrogacy arrangement, means a surrogacy arrangement with the elements specified in section

48(c).

counsellor means a person who provides counselling under section 22 or 23 or prepares a report under section 24.

intended parent means a person who is to become a parent of and assume custody of a child born under a surrogacy arrangement.

parentage order means an order made under section 34.

partner, in relation to a person, means the spouse or de facto partner of the person when the surrogacy arrangement is entered into.

party, in relation to a surrogacy arrangement, means a person who enters into the arrangement.

surrogacy arrangement means an agreement, understanding or other arrangement entered into by a woman and one or more other persons under which:

a child born as a result of the woman's pregnancy is to be treated as a child of the other person or persons instead of the woman; and

the other person or persons are to become the parents of and assume custody of the child instead of the woman.

Note for definition surrogacy arrangement

The partner, if any, of the surrogate mother may also enter into a surrogacy arrangement but is not required to do so, see section 16.

surrogate mother means the woman who has, or is to have, a child or children under a surrogacy arrangement.

Note for section 3

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.