Surrogacy Act 2012

For the purposes of this Act, there is a medical or social need for a surrogacy arrangement if – there is only one intended parent under the surrogacy arrangement and the intended parent is a man or an eligible woman; or there are 2 intended parents under the surrogacy arrangement and the intended parents are – a man and an eligible woman; or two men; or two women, each of whom is an eligible woman.

For the purposes of subsection (1), an eligible woman is a woman who – is unable, on medical grounds, to conceive a child; or is likely to be unable, on medical grounds, to carry a pregnancy or give birth; or is unlikely to survive a pregnancy or birth or is likely to have her health significantly affected by a pregnancy or birth; or if she were to conceive a child, is likely to conceive – a child who is likely to be affected by a genetic condition or genetic disorder, the cause of which is attributable to the woman; or a child who is unlikely to survive the pregnancy or birth or whose health is likely to be significantly affected by the pregnancy or birth.