New South Wales Consolidated Acts
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SURROGACY ACT 2010 - SECT 5
(1) For the purposes of this Act, a
"surrogacy arrangement" means:
(a) an arrangement under which a woman agrees
to become or to try to become pregnant with a child, and that the parentage of
the child born as a result of the pregnancy is to be transferred to another
person or persons (a
"pre-conception surrogacy arrangement" ), or
(b) an arrangement under which a
pregnant woman agrees that the parentage of a child born as a result of the
pregnancy is to be transferred to another person or persons (a
"post-conception surrogacy arrangement" ).
(2) An agreement that the
parentage of a child is to be transferred to another person is an agreement to
the following effect (however expressed):
(a) an agreement to consent to a
parentage order or an Interstate parentage order being made in respect of the
child so as to transfer parentage of the child to another person,
agreement that the child is to be treated as the child of another person (and
not of the woman who gives birth to the child),
(c) an agreement that the
custody of, or parental responsibility for, a child is to be transferred to
(d) an agreement that the right to care for a child is to be
permanently surrendered to another person.
(3) Other matters may be dealt
with in a surrogacy arrangement.
(4) A variation to a
pre-conception surrogacy arrangement that is made after a woman who agrees to
become pregnant or to try to become pregnant under the arrangement becomes
pregnant is considered to be a part of the
pre-conception surrogacy arrangement.
Note : A parentage order can be made
under this Act in respect of a surrogacy arrangement only if the arrangement
is a pre-conception surrogacy arrangement. There are additional preconditions
to the making of a parentage order. These are set out in Part 3.
(5) In this
Act, a reference to the
"birth mother" , in relation to a surrogacy arrangement, is a reference to the
woman who agrees to become pregnant or to try to become pregnant with a child,
or is pregnant with a child, under the surrogacy arrangement.
(6) In this
Act, a reference to an
"intended parent" is a reference to a person to whom it is agreed the
parentage of a child is to be transferred under a surrogacy arrangement.
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