Surrogacy Act 2012

In this section – record of proceedings includes – a written transcript of the proceedings; and the documents in the court file for the proceedings; and an appeal book in relation to the proceedings.

A person may not have access to the record of proceedings in the court or the Supreme Court in relation to a proceeding under this Act or an appeal under the Magistrates Court (Children's Division) Act 1998 under section 25 or section 30 unless the court or Supreme Court, respectively, has, on application by the person, given approval to the access.

Only the following persons may apply to a court for approval to the access to a record in proceedings referred to in subsection (2) in relation to a child:the child; a birth parent; an intended parent; the Attorney-General.

The court may give access to all or part of the record of proceedings.

The court may only give access, to all or part of a record of proceedings, to a child to whom the proceedings relate if the court sights a relevant document in relation to the child.

For the purposes of subsection (5), a relevant document in relation to a child is – if the child is resident in Tasmania, a statutory declaration signed by a person who is an accredited counsellor; or if the child is not resident in Tasmania, a statutory declaration, or its equivalent in the jurisdiction in which the child is resident, signed by a person who is, in the opinion of the court, a suitable person to provide counselling in respect of surrogacy arrangements – stating that the child has received from the person counselling in relation to the surrogacy arrangement in relation to the child.

Subsection (5) does not apply in relation to a child if the court is satisfied that the child knows the name of his or her birth parents.