Publishing identifying material
53 Publishing identifying material
This section applies to material (identifying material) that identifies, or is likely to lead to the identification of, a person as—
a child born as result of a surrogacy arrangement or a child to whom a court proceeding under this Act relates; or
a party to a surrogacy arrangement; or
a party to a court proceeding under this Act; or
a person whose consent to a surrogacy arrangement, or the making of a parentage order, is or was required.
A person must not publish identifying material unless written consent to the publication has been given, for each identified person, by—
for an identified person who is an adult—that person; or
for an identified person who is the child and under 18 years—
if the child is residing with the birth mother—the birth mother; or
otherwise—the intended parent, or intended parents.
Maximum penalty—
for an individual—100 penalty units or 2 years imprisonment; or
for a corporation—1,000 penalty units.
In this section—
identified person, in relation to identifying material, means a person identified by the material as a person mentioned in subsection (1)(a) to (d).
publish means publish to the public by television, radio, the internet, newspaper, periodical, notice, circular or other form of communication.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.