Surrogacy Act 2010

In this chapter—

appropriately qualified means—

for a counsellor swearing an affidavit verifying a report prepared by the counsellor, a person who—

is one of the following—

a member of the Australian and New Zealand Infertility Counsellors Association;

a psychiatrist who is a member of the Royal Australian and New Zealand College of Psychiatrists;

a psychologist who is a member of the Australian Psychological Society;

a social worker who is a member of the Australian Association of Social Workers; and

has the experience, skills or knowledge appropriate to prepare the report; or

for a medical practitioner swearing an affidavit mentioned in section 25(1)(j), a medical practitioner who has the qualifications, experience, skills or knowledge appropriate to prepare the report.

child, other than in part 4, means a child born as a result of a surrogacy arrangement.

consent means consent freely and voluntarily given by a person with capacity, within the meaning of the Guardianship and Administration Act 2000, to give the consent.

independent, for a counsellor in relation to an application for a parentage order in relation to a child, means the counsellor—

did not give counselling about the surrogacy arrangement to the birth mother, the birth mother’s spouse (if any) or an intended parent; and

is not, and has not been, directly connected with a medical practitioner who carried out a procedure that resulted in the birth of the child.Example of direct connection—

A counsellor is directly connected with a medical practitioner if the counsellor is engaged to give fertility counselling at the fertility clinic where the medical practitioner carried out a procedure that resulted in the birth of the child.