Western Australian Current Acts

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SURROGACY ACT 2008 - SECT 19

19 .         Circumstances for seeking parentage order

        (1)         An application can be made under this Part for a parentage order only if —

            (a)         the arranged parents reside in Western Australia and at least one arranged parent has reached 25 years of age; and

            (b)         when the surrogacy arrangement was entered into or after that time but before the application is made —

                  (i)         the arranged parents are an eligible couple; or

                  (ii)         one of the arranged parents, or the arranged parent if there is only one, is an eligible person.

        (2)         In subsection (1)(b) —

        eligible couple means 2 people of opposite sexes who are married to, or in a de facto relationship with, each other and who, as a couple —

            (a)         are unable to conceive a child due to medical reasons not excluded by subsection (3); or

            (b)         although able to conceive a child, would be likely to conceive a child affected by a genetic abnormality or a disease;

        eligible person means a woman who —

            (a)         is unable to conceive a child due to medical reasons not excluded by subsection (3); or

            (b)         although able to conceive a child, would be likely to conceive a child affected by a genetic abnormality or a disease; or

            (c)         although able to conceive a child, is unable for medical reasons to give birth to a child.

        (3)         The medical reasons for being unable to conceive a child that are referred to in the definitions of eligible couple and eligible person do not include —

            (a)         a reason arising from a person’s age; or

            (b)         a reason prescribed for the purpose of the Human Reproductive Technology Act 1991 section 23(1)(d).



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