Family Relationships (Surrogacy) Amendment Act 2012 (SA)

South Australia

Family Relationships (Surrogacy) Amendment Act 2012

An Act to amend the Family Relationships Act 1975.

The Parliament of South Australia enacts as follows:

Part 1Preliminary1Short title

This Act may be cited as the Family Relationships (Surrogacy) Amendment Act 2012.

2Amendment provisions

In this Act, a provision under a heading referring to the amendment of a specified Act amends the Act so specified.

Part 2Amendment of Family Relationships Act 1975

3Amendment of section 10HA – Recognised surrogacy agreements

Section 10HA(2)(b)(v)(B)—delete subsubparagraph (B) and substitute:

1. (B)

   the female commissioning parent is, or appears to be, unable on medical grounds to carry a pregnancy or to give birth; or

2. (C)

   there appears to be a risk that a serious genetic defect, serious disease or serious illness would be transmitted to a child born to the female commissioning parent; or

3. (D)

   there appears to be a risk that becoming pregnant or giving birth to a child would result in physical harm to the female commissioning parent (being harm of a kind, or of a severity, unlikely to be suffered by women becoming pregnant or giving birth generally);