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SURROGACY ACT 2010 - SECT 30
Medical or social need for surrogacy arrangement must be demonstrated
30 Medical or social need for surrogacy arrangement must be demonstrated
(1) The Court must be satisfied that there is a medical or social need for the
surrogacy arrangement.
(2) There is a medical or social need for a
surrogacy arrangement if: (a) there is only one intended parent under the
surrogacy arrangement and the intended parent is a man or an eligible woman,
or
(b) there are 2 intended parents under the surrogacy arrangement and the
intended parents are: (i) a man and an eligible woman, or
(ii) 2 men, or
(iii) 2 eligible women.
(3) An
"eligible woman" is a woman who: (a) is unable to conceive a child on medical
grounds, or
(b) is likely to be unable, on medical grounds, to carry a
pregnancy or to give birth, or
(c) is unlikely to survive a pregnancy or
birth, or is likely to have her health significantly affected by a pregnancy
or birth, or
(d) if she were to conceive a child: (i) is likely to conceive a
child affected by a genetic condition or disorder, the cause of which is
attributable to the woman, or
(ii) is likely to conceive a child who is
unlikely to survive the pregnancy or birth, or whose health would be
significantly affected by the pregnancy or birth.
(4) This precondition does
not apply to a pre-commencement surrogacy arrangement.
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