Surrogacy Act 2010

The affidavit sworn by the lawyer who gave legal advice to a person must address the matter mentioned in section 22(2)(e)(i), including by stating—

separate and independent legal advice was given to the person before the surrogacy arrangement was made; and

the legal advice included advice about the following matters—

the unenforceable nature of the arrangement, other than as provided under section 15;

the person’s legal obligations under the arrangement and this Act;

the legal implications if the birth 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 (Cwlth);

the legal implications if, after the birth of the child, the intended parents do not want to be permanently responsible for the child’s custody and guardianship;

the legal implications if, after the birth of the child, the birth mother, the birth mother’s spouse (if any), another birth parent (if any) and the intended parents do not want to be permanently responsible for the child’s custody and guardianship;

the legal implications of the making of a parentage order;

that this Act promotes openness and honesty about the child’s birth parentage; and

the lawyer’s belief that the person appeared to understand the legal advice given.

To remove any doubt, it is declared that this Act does not affect the law relating to legal professional privilege.