New South Wales Consolidated Acts

SURROGACY ACT 2010 - SECT 10

10 Advertising of surrogacy arrangements prohibited

(1) A person must not publish any advertisement, statement, notice or other material that:

(a) states or implies that a person is willing to enter into, or arrange, a surrogacy arrangement, or

(b) seeks a person willing to act as a birth mother under a surrogacy arrangement, or

(c) states or implies that a person is willing to act as a birth mother under a surrogacy arrangement, or

(d) is intended, or is likely, to induce a person to act as a birth mother under a surrogacy arrangement.

Maximum penalty:

(a) in the case of a commercial surrogacy arrangement--2,500 penalty units in the case of a corporation or 1,000 penalty units or imprisonment for 2 years (or both) in any other case, or

(b) in any other case--200 penalty units in the case of a corporation or 100 penalty units in any other case.

(2) This section does not apply if:

(a) the surrogacy arrangement is not a commercial surrogacy arrangement, and

(b) no fee has been paid for the advertisement, statement, notice or other material.

(3) In this section,
"publish" means disseminate or provide access, by any means, to the public or a section of the public.

Note : See also the Assisted Reproductive Technology Act 2007 which requires providers of assisted reproductive technology treatment to ensure that an assessment report is obtained and considered before a person is provided with treatment in connection with a surrogacy arrangement.