Surrogacy (Consequential Amendments) Act 2012 (TAS)

Surrogacy (Consequential Amendments) Act 2012

An Act to amend and repeal certain Acts consequential on the enactment of the Surrogacy Act 2012

[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 (Consequential Amendments) Act 2012 . 2CommencementThis Act commences on the day on which section 16 of the Surrogacy Act 2012 commences. PART 2Anti-Discrimination Act 1998 Amended3Principal ActIn this Part, the Anti-Discrimination Act 1998 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by inserting "surrogate child," after "natural child," in the definition of child ; (b) by inserting "surrogate parent," after "step-parent," in the definition of parent ; (c) by inserting the following definitions after the definition of State program : surrogate child, in relation to another person, means a person – (a) who is a child of the other person by virtue of the operation of section 26(1) of the Surrogacy Act 2012 , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a child of the other person under that Act or law; surrogate parent, in relation to another person, means a person – (a) who is a parent of the other person by virtue of the operation of section 26(1) of the Surrogacy Act 2012 , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a parent of the other person under that Act or law; PART 3Domicile Act 1980 Amended5Principal ActIn this Part, the Domicile Act 1980 is referred to as the Principal Act. 6Section 8 amended (Domicile of certain children) Section 8 of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1)  In this section – child means a person who has not attained the age of 18 years and who is not, and has not at any time been, married; parents, in relation to a child, includes parents who are not married to each other; surrogate child means a person – (a) who becomes a child of a person by virtue of section 26(1) of the Surrogacy Act 2012 or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a child of the person under that Act or law. (b) by inserting the following subsections after subsection (6) : (7)  A surrogate child’s domicile – (a) is, if he or she has 2 parents immediately after becoming a surrogate child, the domicile the child would have if he or she were a child born in wedlock to those parents; and (b) is, if he or she has one parent only immediately after becoming a surrogate child, the domicile of that parent and, after that time, the domicile of that parent from time to time or, if that parent has died, the domicile that that parent had at the time of death. (8)  If a child has a domicile by virtue of subsection (7) immediately before he or she ceases to be a child, he or she retains that domicile until he or she acquires a domicile of choice. (9)  If a child ceases to be a surrogate child, the child’s domicile is to be determined in accordance with the provisions, if any, of the court order by which the child ceases to be a surrogate child or, if there are no such provisions, as if the child had never been a surrogate child. PART 4Duties Act 2001 Amended7Principal ActIn this Part, the Duties Act 2001 is referred to as the Principal Act. 8Section 3 amended (Interpretation) Section 3 of the Principal Act is amended by inserting after the definition of spouse the following definition: surrogate child, in relation to another person, means a person – (a) who is a child of the other person by virtue of the operation of section 26(1) of the Surrogacy Act 2012 , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a child of the other person under that Act or law; 9Section 4 substituted Section 4 of the Principal Act is repealed and the following section is substituted: 4Meaning of child for purpose of definition of related person For the purpose of the definition of related person in section 3 , a person is the child of another person if the person is – (a) a natural child of the other person who has not ceased to be a child of the person by virtue of the operation of section 26(1) of the Surrogacy Act 2012 or a law, of another State or a Territory or a foreign country, that corresponds to that Act; or (b) a step-child of the person; or (c) an adopted child of the person; or (d) a surrogate child of the person. 10Section 225 amended (Intergenerational rural transfers) Section 225(3) of the Principal Act is amended by inserting after paragraph (b) the following paragraph: (ba) a surrogate child of the person; or PART 5Evidence Act 2001 Amended11Principal ActIn this Part, the Evidence Act 2001 is referred to as the Principal Act. 12Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by inserting the following definitions after the definition of spouse in subsection (1) : surrogate child, in relation to another person, means a person – (a) who is a child of the other person by virtue of the operation of section 26(1) of the Surrogacy Act 2012 or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a child of the other person under that Act or law; surrogate parent, in relation to another person, means a person – (a) who is a parent of the other person by virtue of the operation of section 26(1) of the Surrogacy Act 2012 or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a parent of the other person under that Act or law; (b) by inserting in subsection (13)(a) ", surrogate child" after "adopted child"; (c) by inserting in subsection (14)(a) ", or surrogate parent," after "parent". PART 6Local Government Act 1993 Amended13Principal ActIn this Part, the Local Government Act 1993 is referred to as the Principal Act. 14Section 112 amended (Interpretation of Division 8) Section 112 of the Principal Act is amended as follows: (a) by inserting "surrogate child," after "descendant," in paragraph (a) of the definition of member of an owner’s family ; (b) by inserting the following definition after the definition of principal means of livelihood : surrogate child, in relation to another person, means a person – (a) who is a child of the other person by virtue of the operation of section 26(1) of the Surrogacy Act 2012 , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a child of that other person under that Act or law; PART 7Parliamentary (Disclosure of Interests) Act 1996 Amended15Principal ActIn this Part, the Parliamentary (Disclosure of Interests) Act 1996 is referred to as the Principal Act. 16Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by inserting ", surrogate child" after "descendant" in paragraph (a) of the definition of relative ; (b) by inserting the following definition after the definition of spouse : surrogate child, in relation to another person, means a person – (a) who is a child of the other person by virtue of the operation of section 26(1) of the Surrogacy Act 2012 , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a child of the other person under that Act or law; PART 8Relationships Act 2003 Amended17Principal ActIn this Part, the Relationships Act 2003 is referred to as the Principal Act. 18Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by inserting "and" after "partners;" in paragraph (c) of the definition of child ; (b) by inserting the following paragraph after paragraph (c) in the definition of child : (d) a surrogate child of the partners; (c) by inserting the following definition after the definition of order : parent includes surrogate parent; (d) by omitting the definition of significant relationship and substituting the following definitions: significant relationship – see section 4 ; surrogate child, in relation to partners, means a child – (a) who is a child of the partners by virtue of the operation of section 26(1) of the Surrogacy Act 2012 , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a child of the partners under the Act or law; surrogate parent means a person – (a) who is a parent of a child by virtue of the operation of section 26(1) of the Surrogacy Act 2012 , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a parent of the child under that Act or law. 19Section 7 amended (Family relationships) Section 7 of the Principal Act is amended by inserting after subsection (2) the following subsection: (3)  For the purposes of this section – (a) a person is taken to be an ancestor or descendant of another person even if the relationship between them is traced through, or to, a person who is or was a surrogate child; and (b) the relationship of parent and child between a surrogate parent and a surrogate child is taken to continue even though the child has ceased to be a surrogate child of the parent; and (c) the relationship between a surrogate child and the surrogate parent, or each of the surrogate parents, is taken to be or to have been the natural relationship of child and parent; and (d) a person who has been a surrogate child of different surrogate parents at different times is taken to be the child of each person in respect of whom he or she is a surrogate child. PART 9Testator's Family Maintenance Act 1912 Amended20Principal ActIn this Part, the Testator’s Family Maintenance Act 1912 is referred to as the Principal Act. 21Section 2 amended (Interpretation) Section 2(1) of the Principal Act is amended as follows: (a) by inserting "and" after "stepchild;" in paragraph (b) of the definition of child ; (b) by inserting the following paragraph after paragraph (b) in the definition of child : (c) a surrogate child; (c) by inserting the following definition after the definition of stepchild : surrogate child means, in relation to another person, a person (whether or not the person has attained the age of 18 years) – (a) who is a child of the other person by virtue of the operation of section 26(1) of the Surrogacy Act 2012 , or a law, of another State or a Territory or a foreign country, that corresponds to that Act; and (b) who has not ceased to be a child of the other person under that Act or law; PART 10Legislation repealed22Legislation repealedThe legislation specified in Schedule 1 is repealed. PART 11Repeal23Repeal of ActThis Act is repealed on the ninetieth day from the day on which it commences. Schedule 1Legislation repealed

Section 22

Surrogacy Contracts Act 1993 (No. 4 of 1993)

[Second reading presentation speech made in:

House of Assembly on 14 APRIL 2011

Legislative Council on 30 AUGUST 2012]