Surrogacy Act 2022 (NT)

NORTHERN TERRITORY OF AUSTRALIA

surrogacy ACT 2022

As in force at 21 December 2022

Table of provisions NORTHERN TERRITORY OF AUSTRALIA

NORTHERN TERRITORY OF AUSTRALIA

As in force at 21 December 2022

surrogacy ACT 2022

An Act to regulate surrogacy arrangements and for related purposes

Part 1Preliminary matters 1Short title

This Act may be cited as the Surrogacy Act 2022.

2Commencement

(1)
Subject to subsection (2), this Act commences on the day fixed by the Administrator by Gazette notice.

(2)
If a provision of this Act does not commence before 21 March 2024, it commences on that day.

3Definitions

In this Act:

birth includes still-birth.

birth parent, in relation to a child, means a person recognised by law as a parent of the child when the child is born.

child includes a still-born child.

consent means free and voluntary agreement.

commercial surrogacy arrangement, means a surrogacy arrangement with the elements specified in section 48(c).

counsellor means a person who provides counselling under section 22 or 23 or prepares a report under section 24.

intended parent means a person who is to become a parent of and assume custody of a child born under a surrogacy arrangement.

parentage order means an order made under section 34.

partner, in relation to a person, means the spouse or de facto partner of the person when the surrogacy arrangement is entered into.

party, in relation to a surrogacy arrangement, means a person who enters into the arrangement.

surrogacy arrangement means an agreement, understanding or other arrangement entered into by a woman and one or more other persons under which:

(a)
a child born as a result of the woman’s pregnancy is to be treated as a child of the other person or persons instead of the woman; and
(b)
the other person or persons are to become the parents of and assume custody of the child instead of the woman.

Note for definition surrogacy arrangement

The partner, if any, of the surrogate mother may also enter into a surrogacy arrangement but is not required to do so, see section 16.

surrogate mother means the woman who has, or is to have, a child or children under a surrogacy arrangement.

Note for section 3

The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

4Purposes of Act

The purposes of this Act are the following:

(a)
to regulate surrogacy arrangements;
(b)
to create offences for conduct related to surrogacy arrangements in which a payment, reward or other material benefit or advantage is offered or received, other than payment or reimbursement for certain reasonable costs;
(c)
to allow the transfer of parentage for a child born under a surrogacy arrangement that meets minimum standards;
(d)
to recognise the status of a child born under a surrogacy arrangement that meets minimum standards.

5Best interests of child

The paramount consideration in respect of the administration and operation of this Act is…

Citations