Surrogacy Act 2012 (Tas)

Surrogacy Act 2012

An Act to provide for the transfer of parentage of children in relation to whom certain non-commercial surrogacy arrangements are made before their birth, to prohibit commercial surrogacy arrangements and certain associated actions, and for related matters [Royal Assent 26 October 2012]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1. Short title This Act may be cited as the Surrogacy Act 2012 .

2. Commencement The provisions of this Act commence on a day or days to be proclaimed.

PART 2 - Interpretative Provisions

3. Guiding principles (1) This Act is to be administered according to the principle that the wellbeing and best interests of a child born as a result of a surrogacy arrangement, both through childhood and for the rest of his or her life, are paramount. (2) Subject to subsection (1) , this Act is to be administered according to the following principles: (a) a child born as a result of a surrogacy arrangement should be cared for in a way that – (i) ensures a safe, stable and nurturing family and home life; and (ii) promotes openness and honesty about the child's birth parentage; and (iii) promotes the development of the child's emotional, mental, physical and social wellbeing; (b) the same status, protection and support should be available to a child born as a result of a surrogacy arrangement regardless of – (i) how the child was conceived under the arrangement; or (ii) whether there is a genetic relationship between the child and any of the parties to the arrangement; or (iii) the relationship status of the intended parents of the child; (c) the long-term health and wellbeing of parties to a surrogacy arrangement and their families should be promoted; (d) the autonomy of consenting adults in their private lives should be respected.