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This is a Bill, not an Act. For current law, see the Acts databases.


SURROGACY BILL 2008

                    Western Australia


             Surrogacy Bill 2008

                      CONTENTS


      Part 1 -- Preliminary
1.    Short title                                        2
2.    Commencement                                       2
3.    Terms used in this Act                             2
      Part 2 -- Surrogacy arrangements
      Division 1 -- General
4.    What this Part is about                            3
5.    Term used in this Part                             3
6.    Meaning of "surrogacy arrangement that is for
      reward"                                            3
7.    Surrogacy arrangement not binding                  4
      Division 2 -- Offences
8.    Making surrogacy arrangement that is for reward    4
9.    Reward for introducing parties for surrogacy
      arrangement                                        4
10.   Publishing willingness to make surrogacy
      arrangement that is for reward                     5
11.   Services connected with surrogacy arrangement
      that is for reward                                 5
      Part 3 -- Order giving parental
           status to arranged parents
      Division 1 -- Preliminary
12.   What this Part is about                            6
13.   Child's best interests paramount                   6
14.   Terms used in this Part                            6



                         001--1                          page i
Surrogacy Bill 2008



Contents



              Division 2 -- Parentage order excluded for
                     certain arrangements
      15.     Meaning of "Council"                                   7
      16.     Approval of surrogacy arrangement                      7
      17.     Requirements for surrogacy arrangement to be
              approved                                               8
      18.     Application of Human Reproductive Technology
              Act 1991                                               9
              Division 3 -- Transfer of child's parentage
      19.     Circumstances for seeking parentage order             10
      20.     Applying for a parentage order                        11
      21.     Court may make parentage order                        11
      22.     Contents of approved plan                             13
      23.     Ancillary orders                                      13
      24.     Multiple births                                       14
      25.     Name of child                                         14
      26.     Effect of parentage order                             14
      27.     Discharge of parentage order                          15
      28.     Relationships for laws relating to sexual offences    17
      29.     Finality of parentage order                           18
      30.     Varying approved plan                                 18
      31.     Court's powers to do with breach of approved plan     18
      32.     Court to notify certain officers                      19
              Division 4 -- Access to information
      33.     Terms used in this Division                           20
      34.     Application of this Division or order under it        20
      35.     Right under this Division to be treated as adequate
              reason                                                20
      36.     Court order excluding access to information           21
      37.     Access to certain court records                       21
      38.     Access to registration of birth                       22
      39.     Portion of registration of birth not referring to
              parentage order                                       23
      40.     If certain person deceased                            23
      41.     If adult child cannot be contacted                    24
              Division 5 -- Other matters
      42.     Application of Family Court Act 1997                  25
      43.     Court proceedings to be private                       26
      44.     Regulations                                           26
      45.     Review of Act                                         27

page ii
                                                  Surrogacy Bill 2008



                                                                Contents



      Part 4 -- Other Acts amended
      Division 1 -- Births, Deaths and Marriages
             Registration Act 1998 amended
46.   Act amended                                                 28
47.   Long title amended                                          28
48.   Section 3 amended                                           28
49.   Section 4 amended                                           28
50.   Part 4 heading replaced                                     29
      Part 4 -- Registration of information about certain
             parentage changes
51.   Section 24 amended                                          29
52.   Section 25 amended                                          29
53.   Section 26 amended                                          30
54.   Section 28 replaced                                         31
      28.      Certain certified copies                    31
55.   Section 68 amended                                          31
      Division 2 -- Children and Community Services
            Act 2004 amended
56.   Act amended                                                 32
57.   Section 104 amended                                         32
      Division 3 -- Family Court Act 1997 amended
58.   Act amended                                                 33
59.   Section 5 amended                                           33
60.   Section 36 amended                                          33
61.   Section 39 amended                                          34
62.   Section 205T amended                                        34
      Division 4 -- Guardianship and Administration
            Act 1990 amended
63.   Act amended                                                 34
64.   Section 45 amended                                          35
      Division 5 -- Human Reproductive Technology
            Act 1991 amended
65.   Act amended                                                 35
66.   Section 18 amended                                          35
67.   Section 23 amended                                          35
      Division 6 -- Interpretation Act 1984 amended
68.   Act amended                                                 36
69.   Section 5 amended                                           37


                                                                 page iii
Surrogacy Bill 2008



Contents



              Defined Terms




page iv
                           Western Australia


                     LEGISLATIVE ASSEMBLY



                     Surrogacy Bill 2008


                               A Bill for


An Act about arrangements for surrogate births and children born
under those arrangements and for related purposes, and to make
related amendments to --
•  the Births, Deaths and Marriages Registration Act 1998; and
•  the Children and Community Services Act 2004; and
•  the Family Court Act 1997; and
•  the Guardianship and Administration Act 1990; and
•  the Human Reproductive Technology Act 1991; and
•  the Interpretation Act 1984.



The Parliament of Western Australia enacts as follows:




                                                            page 1
     Surrogacy Bill 2008
     Part 1          Preliminary

     s. 1



                            Part 1 -- Preliminary
     1.       Short title
              This is the Surrogacy Act 2008.

     2.       Commencement
 5            This Act comes into operation as follows --
                (a)   sections 1 and 2 -- on the day on which this Act
                      receives the Royal Assent;
                (b)   the rest of the Act -- on a day fixed by proclamation,
                      and different days may be fixed for different provisions.

10   3.       Terms used in this Act
              In this Act, unless the contrary intention appears --
              surrogacy arrangement means an arrangement for a woman
              (the birth mother) to seek to become pregnant and give birth to
              a child and for a person or persons other than the birth mother
15            (the arranged parent or arranged parents) to raise the child,
              but the term does not include an arrangement entered into after
              the birth mother becomes pregnant unless it is in variation of a
              surrogacy arrangement involving the same parties.




     page 2
                                                            Surrogacy Bill 2008
                                          Surrogacy arrangements         Part 2
                                                         General    Division   1
                                                                            s. 4



                    Part 2 -- Surrogacy arrangements
                               Division 1 -- General
     4.         What this Part is about
                This Part deals with the status of surrogacy arrangements and
 5              prohibits certain surrogacy arrangements and certain things to
                do with surrogacy arrangements.

     5.         Term used in this Part
                In this Part, unless the contrary intention appears --
                surrogacy arrangement that is for reward has the meaning
10              given in section 6.

     6.         Meaning of "surrogacy arrangement that is for reward"
          (1)   This Part refers to a surrogacy arrangement as being for reward
                if the arrangement provides for any person to receive any
                payment or valuable consideration other than for reasonable
15              expenses associated with --
                   (a) the pregnancy or the birth; or
                   (b) any assessment or expert advice in connection with the
                         arrangement.
          (2)   Reasonable expenses associated with achieving, or attempting
20              to achieve, the pregnancy are reasonable expenses associated
                with the pregnancy.
          (3)   An expense is a reasonable expense for the purposes of
                subsection (1)(a) to the extent only that it is --
                  (a) a reasonable medical expense that is not recoverable
25                     under any health insurance or other scheme; or
                 (b)   the value of earnings foregone because of leave taken --
                         (i) for a period of not more than 2 months during
                               which the birth occurs or was expected to occur;
                               or


                                                                          page 3
     Surrogacy Bill 2008
     Part 2          Surrogacy arrangements
     Division 2      Offences
     s. 7



                         (ii)   at any other time for medical reasons arising
                                during the pregnancy;
                       or
                 (c)   a reasonable expense of psychological counselling; or
 5               (d)   a premium payable for health, disability or life insurance
                       that --
                          (i) would not have been taken out if the surrogacy
                              arrangement had not been entered into; and
                         (ii) provides cover for a period during which an
10                            expense referred to in another paragraph of this
                              subsection is incurred or might be, or have been
                              expected to be, incurred.

     7.         Surrogacy arrangement not binding
          (1)   A surrogacy arrangement is not enforceable except to the extent
15              provided for in subsection (3).
          (2)   Subsection (1) does not affect the ability of the court to make an
                order under Part 3.
          (3)   An obligation under a surrogacy arrangement to pay or
                reimburse reasonable expenses referred to in section 6(1) is as
20              enforceable as it would be if subsection (1) had not been
                enacted and the arrangement was not unenforceable for any
                other reason.
                                Division 2 -- Offences
     8.         Making surrogacy arrangement that is for reward
25              A person who enters into a surrogacy arrangement that is for
                reward commits an offence.
                Penalty: a fine of $24 000 or imprisonment for 2 years.

     9.         Reward for introducing parties for surrogacy arrangement
          (1)   A person who receives, or seeks to receive, valuable
30              consideration for introducing or agreeing to introduce persons

     page 4
                                                               Surrogacy Bill 2008
                                           Surrogacy arrangements           Part 2
                                                          Offences     Division   2
                                                                              s. 10



                 with the intention that they might enter into a surrogacy
                 arrangement commits an offence.
                 Penalty: a fine of $12 000 or imprisonment for one year.
           (2)   Subsection (1) applies whether or not it is intended that the
 5               surrogacy arrangement be one that is for reward.
     10.         Publishing willingness to make surrogacy arrangement that
                 is for reward
                 A person commits an offence if the person publishes or causes
                 to be published --
10                 (a) anything that is intended to, or likely to, induce a person
                         to enter into a surrogacy arrangement that is for reward;
                         or
                   (b) anything to the effect that a person who is willing to
                         enter into a surrogacy arrangement that is for reward is
15                       sought; or
                   (c)  anything to the effect that a person is or might be willing
                        to enter into a surrogacy arrangement that is for reward.
                 Penalty: a fine of $6 000.
     11.         Services connected with surrogacy arrangement that is for
20               reward
           (1)   A person who provides a service knowing that the service is to
                 facilitate a surrogacy arrangement that is for reward commits a
                 crime except in the circumstances described in subsection (2).
           (2)   It is not an offence against subsection (1) if the service is a
25               health service provided to the birth mother after she has become
                 pregnant.
                 Penalty: imprisonment for 5 years.
                 Summary conviction penalty: a fine of $12 000 or imprisonment
                       for one year.




                                                                             page 5
     Surrogacy Bill 2008
     Part 3          Order giving parental status to arranged parents
     Division 1      Preliminary
     s. 12



                 Part 3 -- Order giving parental status to
                           arranged parents
                              Division 1 -- Preliminary
     12.         What this Part is about
 5               This Part is to enable the court to transfer, from the birth parents
                 to the arranged parents, the parentage of a child born under a
                 surrogacy arrangement in certain circumstances.

     13.         Child's best interests paramount
           (1)   In deciding whether to make a particular decision concerning a
10               parentage order or proposed parentage order about a child, the
                 court must regard the best interests of the child as the paramount
                 consideration.
           (2)   For the purposes of this Act it is presumed to be in the best
                 interests of the child for the arranged parents to be the parents of
15               the child, unless there is evidence to the contrary.

     14.         Terms used in this Part
                 In this Part, unless the contrary intention appears --
                 approved plan means the plan that section 21(2)(f) refers to by
                 that term, as varied, if applicable, with the court's approval
20               under section 30;
                 arranged parents of a child means --
                   (a) the persons who, according to the definition of
                          surrogacy arrangement in section 3, are the arranged
                          parents; or
25                 (b) the person who, according to that definition, is the
                          arranged parent;
                 birth parents of a child means --
                   (a) the persons who are recognised by the law as being,
                          when the child is born, the parents of the child; or


     page 6
                                                                 Surrogacy Bill 2008
                     Order giving parental status to arranged parents         Part 3
                  Parentage order excluded for certain arrangements      Division   2
                                                                                s. 15



                  (b)    if only one person fits the description in paragraph (a),
                         that person;
                 chief executive officer means the chief executive officer of the
                 department of the Public Service principally assisting the
 5               Minister in the administration of this Act;
                 child refers to the status of a person in a relationship as parent
                 and child, and it includes a person of that status even after the
                 person has reached the age of full legal capacity;
                 court means the Family Court of Western Australia;
10               independent legal advice is legal advice provided by a person
                 who --
                   (a) is chosen by the person receiving the advice; and
                   (b) is not providing advice to the arranged parents as well as
                         to any other person required to receive the advice;
15               parentage order means an order that the court makes under this
                 Part transferring the parentage of a child.

                    Division 2 -- Parentage order excluded for
                               certain arrangements
     15.         Meaning of "Council"
20               In this Division --
                 Council means the Western Australian Reproductive
                 Technology Council established under the Human Reproductive
                 Technology Act 1991 section 8.

     16.         Approval of surrogacy arrangement
25         (1)   A parentage order cannot be made in respect of a child unless
                 the surrogacy arrangement has been approved in writing under
                 section 17 by the Council.
           (2)   Subsection (1) does not apply if the child was born as a result of
                 a pregnancy that commenced before the day fixed under
30               section 2(b) as the day section 17 comes into operation.


                                                                              page 7
     Surrogacy Bill 2008
     Part 3          Order giving parental status to arranged parents
     Division 2      Parentage order excluded for certain arrangements
     s. 17



     17.      Requirements for surrogacy arrangement to be approved
              The Council may approve a surrogacy arrangement only if --
               (a) the birth mother --
                       (i) has reached 25 years of age; and
 5                    (ii) unless the Council is satisfied that there are
                           exceptional circumstances because of which it
                           should dispense with this requirement, has given
                           birth to a live child;
                    and
10             (b) the arrangement is set out in a written agreement signed
                    by --
                       (i) each of the arranged parents; and
                      (ii) the birth mother and her husband or de facto
                           partner, if any; and
15                   (iii) any other person (a donor) whose egg or sperm
                           is to be used for the conception of the child or
                           who is the spouse or de facto partner of a donor;
                    and
               (c) the Council is satisfied that, at least 3 months before the
20                  approval is given, each of the persons required by
                    paragraph (b) to sign the agreement (the parties) has --
                       (i) undertaken any counselling about the
                           implications of the surrogacy arrangement that
                           regulations under this Act require; and
25                    (ii) been assessed by a clinical psychologist and
                           confirmed, in a written report provided to the
                           Council, to be psychologically suitable to be
                           involved in the surrogacy arrangement; and
                     (iii) received independent legal advice about the
30                         effect of the surrogacy arrangement;
                      and



     page 8
                                                                 Surrogacy Bill 2008
                     Order giving parental status to arranged parents         Part 3
                  Parentage order excluded for certain arrangements      Division   2
                                                                                s. 18



                  (d)    the Council is satisfied that, at least 3 months before the
                         approval is given, each of the arranged parents, the birth
                         mother and any donor has been assessed by a medical
                         practitioner and confirmed, in a written report provided
 5                       to the Council, to be medically suitable to be involved in
                         the surrogacy arrangement; and
                   (e)   the intended birth mother has not yet become pregnant
                         under the arrangement.

     18.         Application of Human Reproductive Technology Act 1991
10         (1)   For the purposes of the performance by the Council of a
                 function under this Act, the provisions of the Human
                 Reproductive Technology Act 1991 referred to in the Table
                 apply as if the function were a function under that Act.
                                         Table
                 s. 10(1), (3) and (4)     Sch. cl. 4
                 Sch. cl. 6                Sch. cl. 7
                 Sch. cl. 8                Sch. cl. 9
                 Sch. cl. 10
15         (2)   The Council may, by resolution, delegate a function it is given
                 by this Act to a committee appointed in accordance with
                 subsection (1).
           (3)   For the purpose of the Human Reproductive Technology
                 Act 1991 Schedule clause 10(1)(d) a delegation made under
20               subsection (2) is taken to be a delegation made under section 11
                 of that Act.
           (4)   To enable it to perform its functions under this Act, the Council
                 may make use of staff, services or facilities available to it under
                 the Human Reproductive Technology Act 1991.




                                                                              page 9
     Surrogacy Bill 2008
     Part 3          Order giving parental status to arranged parents
     Division 3      Transfer of child's parentage
     s. 19



                    Division 3 -- Transfer of child's parentage
     19.         Circumstances for seeking parentage order
           (1)   An application can be made under this Part for a parentage order
                 only if --
 5                 (a) the arranged parents reside in Western Australia and at
                         least one arranged parent has reached 25 years of age;
                         and
                  (b) when the surrogacy arrangement was entered into or
                         after that time but before the application is made --
10                          (i) the arranged parents are an eligible couple; or
                           (ii) one of the arranged parents, or the arranged
                                 parent if there is only one, is an eligible person.
           (2)   In subsection (1)(b) --
                 eligible couple means 2 people of opposite sexes who are
15               married to, or in a de facto relationship with, each other and
                 who, as a couple --
                   (a) are unable to conceive a child due to medical reasons
                         not excluded by subsection (3); or
                   (b) although able to conceive a child, would be likely to
20                       conceive a child affected by a genetic abnormality or a
                         disease;
                 eligible person means a woman who --
                   (a) is unable to conceive a child due to medical reasons not
                         excluded by subsection (3); or
25                 (b) although able to conceive a child, would be likely to
                         conceive a child affected by a genetic abnormality or a
                         disease; or
                   (c) although able to conceive a child, is unable for medical
                         reasons to give birth to a child.




     page 10
                                                                  Surrogacy Bill 2008
                     Order giving parental status to arranged parents          Part 3
                                        Transfer of child's parentage     Division   3
                                                                                 s. 20



           (3)   The medical reasons for being unable to conceive a child that
                 are referred to in the definitions of eligible couple and eligible
                 person do not include --
                   (a) a reason arising from a person's age; or
 5                 (b) a reason prescribed for the purpose of the Human
                         Reproductive Technology Act 1991 section 23(1)(d).

     20.         Applying for a parentage order
           (1)   In the circumstances described in section 19, the arranged
                 parents may, if the making of the order would not be prevented
10               by section 16(1), apply in accordance with this section for a
                 parentage order.
           (2)   The application can be lodged with the court only after a period
                 of 28 days has elapsed since the day on which the child is born.
           (3)   The application cannot be lodged with the court more than
15               6 months after the day on which the child is born except with
                 the leave of the court, which may be given in exceptional
                 circumstances.
           (4)   If the child was born before the day fixed under section 2(b) as
                 the day on which this section comes into operation, the
20               application may, despite subsection (3), be lodged within one
                 year after that day.
           (5)   Before the court considers the application, a certified copy of
                 the child's birth certificate must, if it is available, have been
                 lodged with the court.

25   21.         Court may make parentage order
           (1)   The court may, on an application made under section 20(1),
                 make a parentage order.
           (2)   Before it makes a parentage order the court has to be satisfied
                 that --
30                 (a) the circumstances that section 19 requires for applying
                        for a parentage order exist; and

                                                                             page 11
     Surrogacy Bill 2008
     Part 3          Order giving parental status to arranged parents
     Division 3      Transfer of child's parentage
     s. 21



                (b)    except to the extent that subsection (3) authorises the
                       court to dispense with the requirement for a birth parent
                       to have received the counselling, the child's birth
                       parents and the arranged parents have received
 5                     appropriate counselling about the effect of the proposed
                       order; and
                 (c)   except to the extent that subsection (3) authorises the
                       court to dispense with the requirement for a birth parent
                       to have received the advice, the child's birth parents and
10                     the arranged parents have received independent legal
                       advice about the effect of the proposed order; and
                (d)    except to the extent that subsection (3) authorises the
                       court to dispense with the requirement for a birth
                       parent's consent, the child's birth parents freely consent
15                     to the making of the order; and
                 (e)   except in circumstances identified in subsection (4), the
                       child was, when the application for the order was lodged
                       with the court, and is, when the court makes the
                       proposed order, in the day to day care of the arranged
20                     parents; and
                 (f)   except to the extent that subsection (3) authorises the
                       court to dispense with the requirement for a birth parent
                       to have agreed, the child's birth parents and the arranged
                       parents have agreed in writing to an appropriate plan
25                     (the approved plan) in accordance with section 22; and
                (g)    it is in the best interests of the child for the court to
                       make the proposed order.
        (3)    In circumstances identified in subsection (4) or if the court is
               satisfied that a birth parent is deceased or incapacitated or that
30             the arranged parents have been unable to contact a birth parent
               despite having made reasonable efforts to do so, the court may
               dispense with --
                 (a) the requirement for the birth parent to have received
                        counselling as described in subsection (2)(b); or


     page 12
                                                                  Surrogacy Bill 2008
                     Order giving parental status to arranged parents          Part 3
                                        Transfer of child's parentage     Division   3
                                                                                 s. 22



                  (b)    the requirement for the birth parent to have received
                         independent legal advice as described in
                         subsection (2)(c); or
                   (c)   the requirement for the birth parent to consent under
 5                       subsection (2)(d) to the making of a parentage order; or
                  (d)    the requirement for the birth parent to have agreed to an
                         appropriate plan as described in subsection (2)(f).
           (4)   The circumstances this subsection identifies are that --
                  (a) the birth mother is not the child's genetic parent; and
10                (b) at least one arranged parent is the child's genetic parent.
           (5)   In subsection (4) --
                 genetic parent of a child means a person from whose egg or
                 sperm the child is conceived.

     22.         Contents of approved plan
15         (1)   The plan needed to satisfy the court as section 21(2)(f) requires
                 may deal with any matter relating to the child, and has to --
                  (a) adequately balance the rights and responsibilities of the
                        parties to the plan; and
                  (b) promote the child's long-term welfare; and
20                (c) be reasonable in the circumstances.
           (2)   Without limiting the matters that the plan may deal with, the
                 plan has to set out details of --
                   (a) any time that the child is to spend, or communication
                        that the child is to have, with the child's birth parents or
25                      any other person; and
                   (b) any information that any of the parties is to provide to
                        the other or to any other person.

     23.         Ancillary orders
                 When the court makes a parentage order it may make any
30               consequential or ancillary order it thinks fit in the interests of

                                                                              page 13
     Surrogacy Bill 2008
     Part 3          Order giving parental status to arranged parents
     Division 3      Transfer of child's parentage
     s. 24



                 justice or for the welfare and in the best interests of the child
                 whose parentage would be affected.

     24.         Multiple births
           (1)   This section applies if an application is made for a parentage
 5               order about a child who has a living brother or sister born as a
                 result of the same pregnancy as the child (a living birth sibling).
           (2)   The court cannot make a parentage order about a child who has
                 a living birth sibling unless it also makes a parentage order
                 about each living birth sibling of the child.

10   25.         Name of child
           (1)   If a parentage order is made, the court is to, by the same order,
                 declare the name by which the child whose parentage is
                 transferred is to be known.
           (2)   Before making an order changing the child's name, the court is
15               to have regard to --
                   (a) the principle that a child's first name should not be
                         changed by a parentage order except in special
                         circumstances; and
                   (b) anything that is relevant in the approved plan.
20         (3)   An order under this section does not prevent a subsequent
                 change of name under a law of the State or the Commonwealth.

     26.         Effect of parentage order
           (1)   The effect of a parentage order is that, for the purposes of the
                 law of this State --
25                 (a) the relationship between the child whose parentage is
                         transferred and each of the arranged parents is to be
                         treated as being that of child and parent; and
                   (b) the relationship between the child whose parentage is
                         transferred and each of the child's birth parents is to be
30                       treated as not being that of child and parent; and

     page 14
                                                                  Surrogacy Bill 2008
                     Order giving parental status to arranged parents          Part 3
                                        Transfer of child's parentage     Division   3
                                                                                 s. 27



                  (c)   the relationships of all persons to the child whose
                        parentage is transferred, to each of the arranged parents,
                        and to each of the birth parents of the child are to be
                        determined in accordance with this section.
 5         (2)   If a parentage order is made, an appointment, in a deed or will
                 existing at the time the parentage order is made, of a person as
                 the guardian of the child whose parentage is transferred, ceases
                 to have effect.

     27.         Discharge of parentage order
10         (1)   The court may, if satisfied as described in subsection (2), make
                 an order discharging a parentage order on receiving an
                 application for it to do so from --
                   (a) the Attorney General; or
                  (b)   the chief executive officer; or
15                (c)   the chief executive officer of the department of the
                        Public Service principally assisting in the administration
                        of the Adoption Act 1994; or
                  (d)   a child whose parentage was transferred by the
                        parentage order who has reached the age of 18 years.
20         (2)   On an application under subsection (1), the court may make an
                 order discharging a parentage order if it is satisfied that --
                   (a) the parentage order was obtained by fraud, duress or
                         other improper means; or
                   (b) a consent relied on for the making of the parentage order
25                       was not an effective consent because it was obtained by
                         fraud, duress or material inducement; or
                   (c) there is an exceptional reason why the parentage order
                         should be discharged.
           (3)   If the court makes an order discharging a parentage order, the
30               court is to, by the same order, declare the name by which the
                 child whose parentage would be affected is to be known, having


                                                                             page 15
     Surrogacy Bill 2008
     Part 3          Order giving parental status to arranged parents
     Division 3      Transfer of child's parentage
     s. 27



               regard to the principle that a child's first name should not be
               changed by the order except in special circumstances.
        (4)    An order under subsection (3) does not prevent a subsequent
               change of name under a law of the State or the Commonwealth.
 5      (5)    The court is not to make an order under subsection (2) unless --
                (a) to do so would be for the welfare and in the best
                      interests of the child whose parentage would be affected;
                      and
                (b) the court is satisfied that reasonable efforts have been
10                    made to give notice of the application to --
                         (i)    each of the birth parents of the child whose
                                parentage would be affected; and
                         (ii)   each of the arranged parents; and
                        (iii)   if the court considers it appropriate having regard
15                              to the child's age, the child whose parentage
                                would be affected.
        (6)    Any person may apply for leave to intervene in an application
               under subsection (1) and the court may make an order entitling
               the person to intervene in the application.
20      (7)    A person who is permitted under subsection (6) to intervene in
               an application under subsection (1) is to be treated as a party to
               the application with all the rights, duties and liabilities of a
               party, unless the court orders otherwise.
        (8)    Where an order is made under subsection (2), the court may
25             make any consequential or ancillary order it thinks fit in the
               interests of justice or for the welfare and in the best interests of
               the child whose parentage would be affected, including any
               order relating to --
                 (a) the ownership or possession of property; or
30               (b) any matter affecting the child in relation to the duties,
                       powers, responsibilities and authority which, by law,
                       parents have in relation to children; or


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                                                                  Surrogacy Bill 2008
                     Order giving parental status to arranged parents          Part 3
                                        Transfer of child's parentage     Division   3
                                                                                 s. 28



                   (c)   the domicile of the child.
           (9)   Where a parentage order is discharged under subsection (2), the
                 rights, duties, liabilities and relationships of persons under the
                 law of the State are to be, after the order is discharged, as if the
 5               parentage order had not been made.
      (10)       Subsection (9) --
                  (a) does not apply to the extent that its application would be
                        inconsistent with any order made under subsection (8) or
                        with section 28; and
10                (b) does not affect --
                           (i) anything lawfully done; or
                          (ii) the consequences of anything lawfully done; or
                         (iii) any proprietary right or interest that became
                                vested in any person,
15                      while the parentage order was in force.

     28.         Relationships for laws relating to sexual offences
                 For the purposes of the law of this State relating to sexual
                 offences, being law for the purposes of which the relationship
                 between persons is relevant --
20                 (a) despite section 26(1) and (2), a parentage order does not
                         cause the cessation of any relationship that would have
                         existed if the parentage order had not been made, and
                         any such relationship is to be treated as existing in
                         addition to any relationship that exists by virtue of the
25                       application of this section in relation to the parentage
                         order; and
                   (b) despite section 27(9), the discharge of a parentage order
                         does not cause the cessation of any relationship that
                         would have existed if the discharging order had not been
30                       made, and any such relationship is to be treated as
                         existing in addition to any relationship that exists by
                         virtue of the discharge of the parentage order.


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     Surrogacy Bill 2008
     Part 3          Order giving parental status to arranged parents
     Division 3      Transfer of child's parentage
     s. 29



     29.         Finality of parentage order
                 A parentage order cannot be appealed against, reviewed, called
                 in question, or affected by any court, on any account, except --
                   (a) under section 27; or
 5                 (b) under the Family Court Act 1997 section 211(3).

     30.         Varying approved plan
           (1)   A person described in subsection (2) may apply to the court for
                 approval to vary an approved plan relating to a child if the child
                 has not reached 18 years of age.
10         (2)   The only person who can make the application is --
                  (a) a person who is a party to the approved plan; or
                  (b) a birth parent who is not a party to the approved plan.
           (3)   The court may approve of the plan being varied in writing as
                 sought by the application under subsection (1) if it is satisfied
15               that --
                   (a) the variation is appropriate because of a change of
                        circumstances since the approved plan was agreed; and
                   (b) the plan as varied would conform to the requirements of
                        section 22.
20         (4)   The variation may be to add a new party to the plan.

     31.         Court's powers to do with breach of approved plan
           (1)   If, on an application made to it by a party to an approved plan,
                 the court is satisfied that a breach of a provision of the plan has
                 occurred or is likely to occur, the court may --
25                  (a) order the parties to the plan to participate in a mediation
                         process; or
                   (b) exercise its powers under the Family Court Act 1997, as
                         it thinks fit, to enforce a provision of the plan as if the
                         provision were an order made by the court under
30                       that Act.

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                                                                  Surrogacy Bill 2008
                     Order giving parental status to arranged parents          Part 3
                                        Transfer of child's parentage     Division   3
                                                                                 s. 32



           (2)   Without limiting subsection (1), the court may deal with a
                 breach of a provision of an approved plan as if the person who
                 breached the provision had contravened an order made by the
                 court under the Family Court Act 1997 or had been in contempt
 5               of the court.

     32.         Court to notify certain officers
           (1)   The registrar of the court is to give to the Registrar of Births,
                 Deaths and Marriages written notice of the particulars described
                 in subsection (2) if the court --
10                 (a) makes a parentage order; or
                   (b) makes an order under section 27(1) discharging a
                         parentage order.
           (2)   The particulars of which notice has to be given are --
                  (a) the date of the order; and
15                (b) the full name, address and occupation of each of the
                        arranged parents; and
                  (c) the name by which the child whose parentage was
                        transferred is known before, and is to be known after,
                        the order becomes effective; and
20                (d) the terms of any consequential or ancillary order under
                        section 27(8); and
                  (e) details of the date and place of birth of the child whose
                        parentage was transferred and the name and address of
                        each of the child's birth parents; and
25                 (f) if available, any other information required by the
                        Registrar of Births, Deaths and Marriages in relation to
                        the registration under the Births, Deaths and Marriages
                        Registration Act 1998 of the birth of the child whose
                        parentage was transferred.
30         (3)   If the birth of the child whose parentage was transferred is not
                 registered in this State under the Births, Deaths and Marriages
                 Registration Act 1998 then in addition to the notice required by


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     Surrogacy Bill 2008
     Part 3          Order giving parental status to arranged parents
     Division 4      Access to information
     s. 33



                 subsection (1), the registrar of the court is to give the Registrar
                 of Births, Deaths and Marriages a copy of the original
                 registration of the child's birth, if it is available.

                        Division 4 -- Access to information
 5   33.         Terms used in this Division
                 In this Division --
                 descendant means a lineal descendant;
                 grandparent means a lineal grandparent or a lineal ancestor;
                 sibling means a brother or sister of the whole or half blood,
10               whether or not the relationship is traced through, or to, a person
                 whose parents were not married to each other at the time of the
                 person's birth, or subsequently.

     34.         Application of this Division or order under it
           (1)   If an approved plan provides for a party to the plan to have
15               greater or earlier access to information than would be available
                 under this Division, the party is entitled to access in accordance
                 with the plan.
           (2)   A right that this Division gives to have access to information or
                 an order that the court makes giving access to information
20               prevails over a provision of any contract or approved plan that
                 purports to restrict or exclude that access.

     35.         Right under this Division to be treated as adequate reason
                 A right that this Division gives to a person to have access to the
                 registration of a birth is to be treated as an adequate reason, for
25               the purposes of the Births, Deaths and Marriages Registration
                 Act 1998 section 54 or 55, for the Registrar of Births, Deaths
                 and Marriages --
                   (a) to allow the person access to the Register under that Act;
                         and


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                                                                 Surrogacy Bill 2008
                     Order giving parental status to arranged parents         Part 3
                                                Access to information    Division   4
                                                                                s. 36



                  (b)   to provide the person with information extracted from
                        the Register under that Act; and
                  (c)   to search for information in the Register under that Act.

     36.         Court order excluding access to information
 5         (1)   On an application for a parentage order or after a parentage
                 order has been made, a party may apply to the court for an order
                 excluding a person from having access under this Division to
                 information.
           (2)   On an application under subsection (1), the court may make an
10               order excluding a person from having access under this Division
                 to information if it is satisfied that the person's access to the
                 information would be likely to place at serious risk --
                   (a) the applicant; or
                   (b) the person to whom the applicant is married, or with
15                       whom the applicant is in a de facto relationship; or
                  (c)   any child of the applicant.
           (3)   The order may exclude access to all or specified information in
                 all or specified circumstances, and may exclude access from
                 being given by the court or exclude a right of access from
20               arising under this Division.
           (4)   If an order is made under subsection (2), the registrar of the
                 court is to give the Registrar of Births, Deaths and Marriages a
                 certified copy of the order as soon as is practicable.
           (5)   On the application of a person affected by an order under
25               subsection (2), the court may revoke, suspend, or vary the order.

     37.         Access to certain court records
           (1)   A person cannot have access to the record of proceedings in a
                 court in relation to a parentage order except with the court's
                 approval given on an application under subsection (2) or
30               section 40(4) or 41(4).


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     Surrogacy Bill 2008
     Part 3          Order giving parental status to arranged parents
     Division 4      Access to information
     s. 38



           (2)   The court may give access to all or part of the record of
                 proceedings if an application for access is made in writing by --
                   (a)   the child to whose parentage the order relates; or
                  (b)    a birth parent of the child; or
 5                 (c)   an arranged parent of the child; or
                  (d)    any other person who was a party to the proceedings.
           (3)   Without limiting the other reasons for which the court may
                 refuse to give a person access on an application under
                 subsection (2) or section 40(4) or 41(4), the court may refuse to
10               give access if --
                   (a)   the person has not produced to the registrar or another
                         appropriate officer of the court proof of the person's
                         identity; or
                  (b)    the person has not complied with a requirement of the
15                       court under any law or rule of practice relating to
                         inspection of and release of information generally from
                         its record of proceedings; or
                   (c)   to give access would be contrary to any court order in
                         relation to exclusion of persons from the hearing of the
20                       proceedings.

     38.         Access to registration of birth
           (1)   A person has the right to have access to the registration of the
                 birth of a person whose parentage has been transferred by a
                 parentage order if and only if the person who is to have access
25               is --
                   (a)   the child to whose parentage the order relates; or
                  (b)    a birth parent of the child; or
                   (c)   an arranged parent of the child.




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                                                                 Surrogacy Bill 2008
                     Order giving parental status to arranged parents         Part 3
                                                Access to information    Division   4
                                                                                s. 39



           (2)   Even though subsection (1) gives a person the right to have
                 access to the registration of the birth, that access may be refused
                 if --
                    (a) the person has not produced to the Registrar of Births,
 5                       Deaths and Marriages or another appropriate officer
                         proof of the person's identity; or
                    (b) the person has not complied with a requirement of, or
                         under, the Births, Deaths and Marriages Registration
                         Act 1998 relating to that access.
10         (3)   Subsection (1) does not prevent a person from exercising a right
                 given by section 40(2) or 41(2) to have access to the registration
                 of the birth.

     39.         Portion of registration of birth not referring to
                 parentage order
15         (1)   At the request of --
                   (a)   an arranged parent of the child, if the child has not
                         reached 16 years of age; or
                  (b)    the child, if the child has reached 16 years of age,
                 the Registrar of Births, Deaths and Marriages is to issue to the
20               person making the request, a certified copy of that portion of the
                 registration of the birth of a child whose parentage was
                 transferred by a parentage order that does not refer to the child's
                 birth parents or the change of parentage.
           (2)   A certified copy of a portion of the registration of a child's birth
25               that the Registrar of Births, Deaths and Marriages issues under
                 subsection (1) is admissible in legal proceedings as evidence of
                 the facts recorded on the document.

     40.         If certain person deceased
           (1)   This section applies if --
30                (a) a child whose parentage was transferred by a parentage
                         order; or


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     Surrogacy Bill 2008
     Part 3          Order giving parental status to arranged parents
     Division 4      Access to information
     s. 41



                  (b)    a birth parent of the child; or
                  (c)    an arranged parent of the child,
                 is deceased.
           (2)   If this section applies, a person has the right to have access to
 5               the registration of the birth of the child if the person who is to
                 have access has reached 16 years of age and is --
                   (a) a grandparent of the deceased; or
                   (b) a descendant of the deceased; or
                   (c) a sibling of the deceased.
10         (3)   Even though subsection (2) gives a person the right to have
                 access to the registration of the birth, that access may be refused
                 if --
                    (a) the person has not produced to the Registrar of Births,
                         Deaths and Marriages or another appropriate officer
15                       proof of the person's identity and age; or
                    (b) the person has not complied with a requirement of, or
                         under, the Births, Deaths and Marriages Registration
                         Act 1998 relating to that access.
           (4)   If this section applies, the court may give access to all or part of
20               the record of proceedings in a court in relation to the parentage
                 order if an application for access is made in writing by a person
                 who has reached 16 years of age and is --
                   (a) a grandparent of the deceased; or
                   (b) a descendant of the deceased; or
25                 (c) a sibling of the deceased.
     41.         If adult child cannot be contacted
           (1)   This section applies if a child whose parentage was transferred
                 by a parentage order has reached 18 years of age and cannot be
                 found or contacted after making reasonable enquiries.




     page 24
                                                                 Surrogacy Bill 2008
                     Order giving parental status to arranged parents         Part 3
                                                        Other matters    Division   5
                                                                                s. 42



           (2)   If this section applies, a person has the right to have access to
                 the registration of the birth of the child if the person who is to
                 have access has reached 16 years of age and is --
                   (a) a grandparent of the child; or
 5                 (b) a descendant of the child; or
                   (c) a sibling of the child.
           (3)   Even though subsection (2) gives a person the right to have
                 access to the registration of the birth, that access may be
                 refused if --
10                 (a) the person has not produced to the Registrar of Births,
                         Deaths and Marriages or another appropriate officer
                         proof of the person's identity and age; or
                   (b) the person has not complied with a requirement of, or
                         under, the Births, Deaths and Marriages Registration
15                       Act 1998 relating to that access.
           (4)   If this section applies, the court may give access to all or part of
                 the record of proceedings in a court in relation to the parentage
                 order if an application for access is made in writing by a person
                 who has reached 16 years of age and is --
20                 (a) a grandparent of the child; or
                   (b) a descendant of the child; or
                   (c) a sibling of the child.

                             Division 5 -- Other matters
     42.         Application of Family Court Act 1997
25         (1)   The Family Court Act 1997 applies as if a reference to
                 proceedings under that Act in a provision of that Act listed in
                 the Table referred also to proceedings in which the court
                 exercises jurisdiction conferred on it by this Act.
                                       Table
                   s. 60                      s. 62(1)
                   s. 65                      s. 73

                                                                              page 25
     Surrogacy Bill 2008
     Part 3          Order giving parental status to arranged parents
     Division 5      Other matters
     s. 43



                   s. 164                     s. 165
                   s. 166                     s. 194
                   s. 195                     s. 201
                   s. 207                     s. 208
                   s. 213                     s. 216
                   s. 243                     s. 245(2)
           (2)   The Family Court Act 1997 applies as if a reference to
                 jurisdiction of the court under that Act in section 244 referred
                 also to jurisdiction conferred on the court by this Act.
           (3)   In a context in which the Family Court Act 1997 applies only
 5               because of this section, that Act applies as if a reference in that
                 Act to a family consultant referred only to a person who is
                 appointed in accordance with section 25 of that Act.
           (4)   The Family Court Act 1997 section 212 does not apply to
                 proceedings in which the court exercises jurisdiction conferred
10               on it by this Act.

     43.         Court proceedings to be private
           (1)   This section applies to proceedings in which the court exercises
                 jurisdiction under this Part (proceedings under this Part) and
                 also to any proceedings of the Supreme Court arising out of
15               proceedings under this Part.
           (2)   Proceedings to which this section applies are not to be heard in
                 open court and all persons other than a party to the proceedings
                 or his or her lawyer are to be excluded during the proceedings,
                 except as otherwise directed by the court.
20         (3)   A court may order any person to leave the room or other place
                 during the examination of a witness in the proceedings.

     44.         Regulations
           (1)   The Governor may make regulations prescribing all matters that
                 are required or permitted by this Act to be prescribed, or are


     page 26
                                                                 Surrogacy Bill 2008
                     Order giving parental status to arranged parents         Part 3
                                                        Other matters    Division   5
                                                                                s. 45



                 necessary or convenient to be prescribed for giving effect to the
                 purposes of this Act.
           (2)   Without limiting subsection (1), regulations may be made as to
                 what is appropriate counselling for a child's birth parents and
 5               the arranged parents to receive about the effect of a proposed
                 parentage order.

     45.         Review of Act
           (1)   The Minister shall carry out a review of the operation and
                 effectiveness of this Act as soon as is practicable after the
10               expiry of 4 years from its commencement.
           (2)   The Minister shall prepare a report based on the review made
                 under subsection (1) and shall, as soon as is practicable after
                 that preparation, cause that report to be laid before each House
                 of Parliament.




                                                                             page 27
     Surrogacy Bill 2008
     Part 4          Other Acts amended
     Division 1      Births, Deaths and Marriages Registration Act 1998 amended
     s. 46



                       Part 4 -- Other Acts amended
     Division 1 -- Births, Deaths and Marriages Registration Act 1998
                                amended
     46.       Act amended
 5             This Division amends the Births, Deaths and Marriages
               Registration Act 1998.

     47.       Long title amended
               In the long title delete "adoptions information" and insert:

10             information about certain parentage changes


     48.       Section 3 amended
               In section 3:
                 (a) in paragraph (a) delete "adoptions" and insert:
15
                       parentage change

                (b)    in paragraph (b) delete "adoptions" and insert:

20                     parentage changes


     49.       Section 4 amended
               In section 4 in the definition of registrable event delete
               "adoption;" and insert:
25
                      adoption or the making or discharge of a parentage
                      order as defined in the Surrogacy Act 2008 section 14;




     page 28
                                                             Surrogacy Bill 2008
                                              Other Acts amended          Part 4
      Births, Deaths and Marriages Registration Act 1998 amended     Division   1
                                                                            s. 50



     50.          Part 4 heading replaced
                  Delete the heading to Part 4 and insert:

                  Part 4 -- Registration of information about
 5                        certain parentage changes

     51.          Section 24 amended
           (1)    In section 24 delete "On receipt" and insert:

10                (1)    On receipt

           (2)    At the end of section 24 insert:

                  (2)    On receipt of a notice under section 32(1) of the
15                       Surrogacy Act 2008 in relation to the making or
                         discharge of a parentage order about a child whose
                         birth is registered in this State, the particulars provided
                         in the notice must be registered by the Registrar in
                         relation to the registration of the child's birth.
20

                  Note: The heading to section 24 is to read:

                        WA order: birth registered in WA

     52.          Section 25 amended
           (1)    After section 25(1) insert:
25
                 (2A)    On receipt of a notice under section 32(1) of the
                         Surrogacy Act 2008 in relation to the making or
                         discharge of a parentage order about a child whose
                         birth is registered in another State, the Registrar --
30                         (a) must send a copy of the notice to the relevant
                                  registering authority; and


                                                                                page 29
     Surrogacy Bill 2008
     Part 4          Other Acts amended
     Division 1      Births, Deaths and Marriages Registration Act 1998 amended
     s. 53



                              (b)   subject to subsection (2), must register the
                                    child's birth in accordance with the information
                                    provided under section 32 of that Act.

 5         (2)   In subsection (2):
                   (a) after "subsection (1)" insert:

                              or (2A)

10                 (b)        in paragraph (b) delete "order," (both occurrences) and
                              insert:

                              order or parentage order,

15         (3)   In subsection (3) after "subsection (1)" insert:

                 or (2A)

                 Note: The heading to section 25 is to read:
20                       WA order: birth not registered in WA

     53.         Section 26 amended
           (1)   In section 26:
                   (a) delete "If " and insert:

25               (1)     If

                   (b)        in paragraph (a) after "adoption order" insert:

                              or parentage order
30




     page 30
                                                             Surrogacy Bill 2008
                                              Other Acts amended          Part 4
      Births, Deaths and Marriages Registration Act 1998 amended     Division   1
                                                                            s. 54



           (2)     At the end of section 26 insert:

                   (2)    In subsection (1) --
                          parentage order means an order substantially
 5                        similar in effect to a parentage order under the
                          Surrogacy Act 2008.

                   Note: The heading to section 26 is to read:
                         Order in other State: birth registered in WA

10   54.           Section 28 replaced
                   Delete section 28 and insert:

             28.          Certain certified copies
                          If the Adoption Act 1994 section 86 or the Surrogacy
15                        Act 2008 section 39 requires the Registrar to issue a
                          certified copy of that portion of the registration of a
                          person's birth that does not refer to --
                             (a) the person's birth parents; or
                            (b) as the case requires, the person's adoption
20                                 or change of parentage under the
                                   Surrogacy Act 2008,
                          the certified copy is to be in an approved form.


     55.           Section 68 amended
25                 Delete section 68(2) and insert:

                 (2A)     Nothing in this Act prevents a birth parent of a child
                          whose parentage was transferred under the Surrogacy
                          Act 2008 from applying under section 19 or 52 (other
30                        than with a request under section 19(2)(c)) to add
                          additional registrable information about the child's
                          birth registration if, but for the transfer of parentage,


                                                                                page 31
     Surrogacy Bill 2008
     Part 4          Other Acts amended
     Division 2      Children and Community Services Act 2004 amended
     s. 56



                        the information could have been included in the
                        Register.
                 (2)    To the extent that --
                         (a) a provision of the Adoption Act 1994 relating to
 5                              access to adoption information in the Register;
                                or
                         (b) a provision of the Surrogacy Act 2008 relating
                                to access to information in the Register about
                                the transfer of parentage under that Act,
10                      is inconsistent with this Act, that Act prevails.

                 Note: The heading to section 68 is to read:

                       Some effects of Adoption Act 1994 and Surrogacy Act 2008

            Division 2 -- Children and Community Services Act 2004
15                                 amended
     56.         Act amended
                 This Division amends the Children and Community Services
                 Act 2004.

     57.         Section 104 amended
20         (1)   In section 104(2):
                   (a) before paragraph (f) insert:

                         (fa)    caring for the child under a surrogacy
                                 arrangement, as defined in the Surrogacy
25                               Act 2008, and not more than one year has
                                 elapsed since the day on which the child
                                 was born; or




     page 32
                                                              Surrogacy Bill 2008
                                              Other Acts amended           Part 4
                                    Family Court Act 1997 amended     Division   3
                                                                             s. 58



                  (b)    after each of paragraphs (a) to (d) insert:

                         or

 5         (2)   In section 104(4) after each of paragraphs (a) to (c) insert:

                 and


                  Division 3 -- Family Court Act 1997 amended
10   58.         Act amended
                 This Division amends the Family Court Act 1997.

     59.         Section 5 amended
                 In section 5(1) in the definition of child:
                   (a) in paragraph (a) delete "adopted child" and insert:
15
                               adopted child, a child whose parentage has
                               been transferred under the Surrogacy Act 2008

                  (b)    in paragraph (b) delete "adopted child);" and insert:
20
                               adopted child or a child whose
                               parentage has been transferred under
                               the Surrogacy Act 2008);


25   60.         Section 36 amended
                 In section 36(2) delete "Adoption Act 1994" and insert:

                 Adoption Act 1994, the Surrogacy Act 2008



                                                                             page 33
     Surrogacy Bill 2008
     Part 4          Other Acts amended
     Division 4      Guardianship and Administration Act 1990 amended
     s. 61



     61.       Section 39 amended
               In section 39 after "Adoption Act 1994" insert:

               or the Surrogacy Act 2008
 5

     62.       Section 205T amended
               In section 205T:
                 (a) in the definition of child before paragraph (c) insert:

10                    (ca)   a child whose parentage has, since the
                             commencement of the de facto relationship,
                             been transferred under the Surrogacy Act 2008
                             to the de facto partners; or

15              (b)   in the definition of child after paragraph (a) insert:

                      or

                (c)   in the definition of financial matters after
20                    paragraph (a) insert:

                      or


           Division 4 -- Guardianship and Administration Act 1990
25                              amended
     63.       Act amended
               This Division amends the Guardianship and Administration
               Act 1990.




     page 34
                                                            Surrogacy Bill 2008
                                             Other Acts amended          Part 4
                 Human Reproductive Technology Act 1991 amended     Division   5
                                                                           s. 64



     64.         Section 45 amended
                 After section 45(3)(c) insert:

                        (da)   consent, under section 21(2)(d) of the
 5                             Surrogacy Act 2008, to the making of a
                               parentage order under that Act; or


            Division 5 -- Human Reproductive Technology Act 1991
                                amended
10   65.         Act amended
                 This Division amends the Human Reproductive Technology
                 Act 1991.

     66.         Section 18 amended
                 After section 18(1)(b) insert:
15
                        (ca)   an artificial fertilisation procedure for
                               implementing a surrogacy arrangement as
                               defined in the Surrogacy Act 2008 section 3;


20   67.         Section 23 amended
           (1)   In section 23:
                   (a) delete "An" and insert:

                 (1)    An
25
                  (b)    after paragraph (a)(ii) insert:

                                (iii)   a woman who is unable to give birth to
                                        a child due to medical reasons and is a
30                                      party to a surrogacy arrangement (as


                                                                            page 35
     Surrogacy Bill 2008
     Part 4          Other Acts amended
     Division 6      Interpretation Act 1984 amended
     s. 68



                                        defined in the Surrogacy Act 2008
                                        section 3) that is lawful;

                   (c)    in paragraph (c) delete "the persons seeking to be
 5                        treated" and insert:

                                 any persons seeking to be regarded, in applying
                                 paragraph (a),

10                (d)     after each of paragraph (a)(i) and (ii) insert:

                          or

                   (e)    after each of paragraphs (a) to (c) insert:
15
                          and

           (2)   At the end of section 23 insert:

20               (2)     Subsection (1) does not require that the benefit likely to
                         result from the procedure involve the pregnancy of a
                         member of the couple who are, or the woman who is,
                         likely to benefit.


25                Division 6 -- Interpretation Act 1984 amended
     68.         Act amended
                 This Division amends the Interpretation Act 1984.




     page 36
                                                         Surrogacy Bill 2008
                                          Other Acts amended          Part 4
                             Interpretation Act 1984 amended     Division   6
                                                                        s. 69



    69.   Section 5 amended
          In section 5 in the definition of parent after paragraph (b) insert:

                  (c)   a person who is a parent in a relationship of
5                       parent and child that arises because of a
                        parentage order under the Surrogacy Act 2008;




                                                                      page 37
Surrogacy Bill 2008



Defined Terms



                                           Defined Terms
           [This is a list of terms defined and the provisions where they are defined.
                                  The list is not part of the law.]
     Defined Term                                                                                         Provision(s)
     approved plan ...................................................................................... 14, 21(2)
     arranged parent ................................................................................................ 3
     arranged parents..........................................................................................3, 14
     birth mother ..................................................................................................... 3
     birth parents................................................................................................... 14
     chief executive officer.................................................................................... 14
     child .............................................................................................................. 14
     Council.......................................................................................................... 15
     court .............................................................................................................. 14
     descendant ..................................................................................................... 33
     donor ............................................................................................................. 17
     eligible couple............................................................................................ 19(2)
     eligible person............................................................................................ 19(2)
     genetic parent............................................................................................. 21(5)
     grandparent.................................................................................................... 33
     independent legal advice ................................................................................ 14
     living birth sibling...................................................................................... 24(1)
     parentage order .............................................................................................. 14
     parties............................................................................................................ 17
     proceedings under this Part......................................................................... 43(1)
     sibling............................................................................................................ 33
     surrogacy arrangement ..................................................................................... 3
     surrogacy arrangement that is for reward .......................................................... 5




 


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