Surrogacy Act 2022

A person commits an offence if:

the person intentionally enters into, or intentionally offers to enter into, an arrangement; and

the arrangement is a surrogacy arrangement; and

under the surrogacy arrangement:

a person is offered or is to receive a payment, reward or other material benefit or advantage, other than reasonable costs allowed under section 12; and

the payment, reward or other material benefit or advantage is for the person or another person doing one or more of the following:

agreeing to enter into, or entering into, the surrogacy arrangement;

permanently relinquishing custody of a child born under the surrogacy arrangement;

consenting to the making of a parentage order for a child born under the surrogacy arrangement; and

the person has knowledge of the circumstances in paragraphs (b) and (c).

Maximum penalty: 100 penalty units or imprisonment for 12 months.