Surrogacy Act 2010

For an application for a parentage order—

if there is 1 intended parent under the surrogacy arrangement—there is a medical or social need for the surrogacy arrangement if the intended parent is a man or an eligible woman; or

if there are 2 intended parents under the surrogacy arrangement—there is a medical or social need for the surrogacy arrangement if the intended parents are—

a man and an eligible woman; or

2 men; or

2 eligible women.

An eligible woman is a woman who—

is unable to conceive; or

if able to conceive—

is likely to be unable, on medical grounds, either to carry a pregnancy or to give birth; or

either—

is unlikely to survive a pregnancy or birth; or

is likely to have her health significantly affected by a pregnancy or birth; or

is likely to conceive—

a child affected by a genetic condition or disorder, the cause of which is attributable to the woman; or

a child who is unlikely to survive a pregnancy or birth; or

a child whose health is likely to be significantly affected by a pregnancy or birth.