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ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 40

Matters to be considered by Patient Review Panel in deciding application for approval of surrogacy arrangement

    (1)     The Patient Review Panel may approve a surrogacy arrangement if the Panel is satisfied of the following—

        (a)     that a doctor has formed an opinion that—

              (i)     in the circumstances, the commissioning parent is unlikely to become pregnant, be able to carry a pregnancy or give birth; or

              (ii)     if the commissioning parent is a woman, the woman is likely to place her life or health, or that of the baby, at risk if she becomes pregnant, carries a pregnancy or gives birth;

        (ab)     that the surrogate mother's oocyte will not be used in the conception of the child;

        (ac)     that the surrogate mother has previously carried a pregnancy and given birth to a live child;

        (b)     that the surrogate mother is at least 25 years of age;

        (c)     that the commissioning parent, the surrogate mother and the surrogate mother's partner, if any, have received counselling and legal advice as required under section 43;

        (d)     that the parties to the surrogacy arrangement are aware of and understand the personal and legal consequences of the arrangement;

        (e)     that the parties to the surrogacy arrangement are prepared for the consequences if the arrangement does not proceed in accordance with the parties' intentions, including—

              (i)     the consequences if the commissioning parent decides not to accept the child once born; and

              (ii)     the consequences if the surrogate mother refuses to relinquish the child to the commissioning parent.

        (f)     that the parties to the surrogacy arrangement are able to make informed decisions about proceeding with the arrangement.

    (2)     In making its decision under subsection (1), the Patient Review Panel must have regard to the following—

        (a)     a report from a counsellor who provided counselling under section 43 to the parties;

        (b)     an acknowledgment by the parties that the parties have undergone counselling and obtained legal advice as required by section 43.

    (3)     This section is subject to section 41.



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