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SURROGACY ACT 2010 - SECT 19

Definitions for chapter

19 Definitions for chapter

In this chapter—

"appropriately qualified" means—

(a) for a counsellor swearing an affidavit verifying a report prepared by the counsellor, a person who—
(i) is one of the following—
(A) a member of the Australian and New Zealand Infertility Counsellors Association;
(B) a psychiatrist who is a member of the Royal Australian and New Zealand College of Psychiatrists;
(C) a psychologist who is a member of the Australian Psychological Society;
(D) a social worker who is a member of the Australian Association of Social Workers; and
(ii) has the experience, skills or knowledge appropriate to prepare the report; or
(b) for a medical practitioner swearing an affidavit mentioned in section 25 (1) (j) , a medical practitioner who has the qualifications, experience, skills or knowledge appropriate to prepare the report.

"child" , other than in part 4 , means a child born as a result of a surrogacy arrangement.

"consent" means consent freely and voluntarily given by a person with capacity, within the meaning of the Guardianship and Administration Act 2000 , to give the consent.

"independent" , for a counsellor in relation to an application for a parentage order in relation to a child, means the counsellor—
(a) did not give counselling about the surrogacy arrangement to the birth mother, the birth mother’s spouse (if any) or an intended parent; and
(b) is not, and has not been, directly connected with a medical practitioner who carried out a procedure that resulted in the birth of the child.
Example of direct connection—
A counsellor is directly connected with a medical practitioner if the counsellor is engaged to give fertility counselling at the fertility clinic where the medical practitioner carried out a procedure that resulted in the birth of the child.



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