Tasmanian Numbered Acts

SURROGACY ACT 2012 (NO. 34 OF 2012)

- Act 34 of 2012
- Royal Assent 26 October 2012

TABLE OF PROVISIONS

           Long Title

   PART 1 - Preliminary

   1.      Short title
   2.      Commencement

   PART 2 - Interpretative Provisions

   3.      Guiding principles
   4.      Interpretation
   5.      Meaning of surrogacy arrangement, birth mother and intended parent
   6.      Meaning of birth mother's spouse and birth parent
   7.      Meaning of medical or social need
   8.      Meaning of commercial surrogacy arrangement
   9.      Meaning of birth mother's surrogacy costs

   PART 3 - Surrogacy Arrangements

   10.     Enforcement
   11.     Right of birth mother to manage pregnancy

   PART 4 - Parentage Orders

           Division 1 - New surrogacy arrangements

   12.     Application of this Division
   13.     Applications for parentage orders
   14.     Persons who may apply for parentage orders
   15.     When applications for parentage orders may be made
   16.     Making of parentage orders
   17.     Additional requirements if multiple births
   18.     Court may request report from independent counsellor

           Division 2 - Pre-existing surrogacy arrangements

   19.     Application of this Division
   20.     Applications for parentage orders
   21.     Persons who may apply for parentage orders
   22.     Making of parentage orders

           Division 3 - Matters to be taken into account

   23.     Method of conception, &c., irrelevant to whether parentage order ought to be made

           Division 4 - Miscellaneous

   24.     Other orders
   25.     Appeal against decision in relation to application for parentage order
   26.     Effect of parentage orders on legal relationships

   PART 5 - Discharge of Parentage Orders

   27.     Applications for discharge of parentage orders
   28.     Orders for discharge of parentage orders
   29.     Effect of discharge of parentage order
   30.     Appeal against decision granting or refusing discharge of parentage order

   PART 6 - Registration of Orders

   31.     Duty of parents not abrogated by Act
   32.     Surrogacy record
   33.     Copy of parentage orders and orders discharging parentage orders to be sent to registrar
   34.     Record of parentage orders, &c., of child born in Tasmania to be made in birth register
   35.     Record of parentage orders of persons born outside Tasmania
   36.     Alteration of records, &c., where parentage orders discharged
   37.     Sending of memoranda, &c., of orders to other States, &c.
   38.     Registrar of Supreme Court may provide registrar with certain information
   39.     Copies of entries in register or surrogacy record

   PART 7 - Offences and Prosecutions

   40.     Commercial surrogacy arrangements prohibited
   41.     Commercial brokerage or advertising of surrogacy arrangements prohibited
   42.     Reporting of applications prohibited
   43.     Prosecutions and enforcement of certain surrogacy arrangements

   PART 8 - Miscellaneous

   44.     Hearings to be private
   45.     Representation of child
   46.     Access to court records
   47.     Accreditation of counsellors
   48.     Regulations
   49.     Administration of Act