New South Wales Consolidated Acts

SURROGACY ACT 2010 - SECT 30

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.