Surrogacy Act 2019 (SA)

South Australia Surrogacy Act 2019 An Act to recognise and regulate certain forms of surrogacy in South Australia, to ensure commercial surrogacy remains unlawful in South Australia, and for other purposes.

Contents Part 1—Preliminary 1 Short title 3 Simplified outline of Act 4 Interpretation 5 Interaction with other Acts Part 2—Guiding principles for purposes of Act 6 Best interests of child paramount 7 Surrogacy principles 8 Presumptions under Family Relationships Act 1975 to apply until parentage order made Part 3—Lawful surrogacy agreements Division 1—Lawful surrogacy agreements 9 Surrogacy agreements not in accordance with Act void and of no effect 10 Certain surrogacy agreements lawful in South Australia 11 Extent to which surrogacy costs are payable 12 Variation of lawful surrogacy agreement 13 Extent to which lawful surrogacy agreement can be enforced Division 2—Counselling 14 Counselling requirements prior to entering lawful surrogacy agreement 15 Intended parents to ensure counselling available to surrogate mother during pregnancy and after birth Division 3—Preservation of certain rights of surrogate mother 16 Rights of surrogate mother to manage pregnancy and birth 17 Medical decisions affecting surrogate mother or child Part 4—Court orders relating to lawful surrogacy agreements 18 Court may make orders as to parentage of child born as a result of lawful surrogacy agreement 19 Court may revoke order under section 18 20 Court may require separate representation of child 21 Court to notify Registrar of Births, Deaths and Marriages 22 Access to Court records Part 5—Offences relating to surrogacy agreements 23 Offence relating to commercial surrogacy agreements 24 Offence to arrange etc surrogacy agreement for another person 25 Offence to induce person to enter surrogacy agreement 26 Offence to advertise certain services relating to surrogacy Part 6—Miscellaneous 27 Provision of information etc for purposes of Births, Deaths and Marriages Registration Act 1996 28 Limitation of liability 29 Confidentiality 30 Service 31 Review of Act 32 Regulations Schedule 1—Transitional provisions etc Part 5—Transitional and saving provisions etc 11 Continuation of recognised surrogacy agreements under Family Relationships Act 1975 as lawful surrogacy agreements Legislative history