Surrogacy Act 2012 (TAS)

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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 1Preliminary1Short titleThis Act may be cited as the Surrogacy Act 2012 . 2CommencementThe provisions of this Act commence on a day or days to be proclaimed. PART 2Interpretative Provisions3Guiding 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. 4InterpretationIn this Act, unless the contrary intention appears – accredited counsellor means a person accredited under section 47 ; birth mother – see section 5 ; birth mother’s spouse – see section 6 ; birth mother’s surrogacy costs – see section 9 ; birth parent – see section 6 ; child means a child born, or to be born, as a result of a surrogacy arrangement, and includes, where the context requires, an adult who is born as a result of a surrogacy arrangement; consent means informed consent freely and voluntarily given by a person with the capacity to give the consent; corresponding law means a law, of another State or a Territory, that corresponds to this Act and includes a prescribed law of another State or a Territory; corresponding order means an order that is – (a) a member of a prescribed class of orders; or (b) in the opinion of the registrar, the equivalent, under a law of another State, a Territory or a foreign country, of a parentage order; court

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.