New South Wales Consolidated Acts

SURROGACY ACT 2010 - SECT 36

36 Legal advice must have been obtained

(1) Each of the affected parties must have received legal advice from an Australian legal practitioner about the surrogacy arrangement and its implications before entering into the surrogacy arrangement.

(2) The legal advice obtained by the birth mother and the birth mother's partner (if any) must have been obtained from an Australian legal practitioner who is independent of the Australian legal practitioner who provided legal advice about the surrogacy arrangement to the applicant or applicants.

(3) This precondition does not apply to a pre-commencement surrogacy arrangement.

(4) If the Court grants leave to an intended parent to make a sole application in respect of a surrogacy arrangement that involves 2 intended parents, it is not necessary to establish that the intended parent who is not a party to the application received legal advice about the surrogacy arrangement.