1 Name of Act
2 Commencement
3 Guiding principle
4 Definitions
5 Surrogacy arrangement—meaning
Division 1 Enforcement of surrogacy arrangements
6 Enforcement
7 Birth mother’s surrogacy costs—meaning
Division 2 Offences in relation to surrogacy arrangements
8 Commercial surrogacy arrangements prohibited
9 Commercial surrogacy arrangement—meaning
10 Advertising of surrogacy arrangements prohibited
11 Geographical nexus for offences
12 Parentage order
13 References to “child”
Division 2 Application for parentage order
14 Application for parentage order
15 Date of surrogacy arrangement
16 Time within which application must be made
17 Independent counsellor’s report
Division 3 Making of parentage order
18 Making of parentage order by Court
19 Ancillary orders
20 Birth siblings must be kept together
Division 4 Preconditions to making of parentage order
21 Preconditions to making of parentage order
22 Best interests of child are paramount
23 Surrogacy arrangement must be altruistic
24 Surrogacy arrangement must be a pre-conception surrogacy arrangement
25 Intended parent must be single person or member of a couple
26 Age and wishes of child must be considered
27 Age of birth mother
28 Age of intended parents
29 Maturity of younger intended parent must be demonstrated
30 Medical or social need for surrogacy arrangement must be demonstrated
31 Affected parties must consent to order
32 Applicant or applicants must be resident in NSW
33 Child must be living with applicant or applicants
34 Surrogacy arrangement must be in writing
35 Counselling must have been obtained
36 Legal advice must have been obtained
37 Information must be provided for inclusion in central register
38 Birth of child must be registered
Division 5 Effect of parentage order
39 General effect of order
40 Effect on property
41 Liability of trustees and legal personal representatives in relation to children
42 Name of child
Division 6 Discharge of parentage order
43 Application for discharge of parentage order
44 Power of Court to discharge parentage order
45 Effect of discharge of parentage order
46 Ancillary orders
Division 7 Other provisions relating to parentage order
47 Proceedings to be heard in closed court
48 Right of appeal
49 Registrar of Births, Deaths and Marriages to be notified of order
50 Notice to be given to other States
51 Director-General of Department of Health to be notified of order
Part 4 Protection of privacy of surrogacy arrangements
52 Prohibition on disclosure of information relating to surrogacy arrangements
53 Restricted access to court records
Part 5 Access to birth information
Note
54 Definitions
55 Child’s right to registered birth information
56 Rights of other parties to registered birth information
57 Application for supply of birth information
58 Proceedings for offences
59 Regulations
60 Review of Act