Human Assisted Reproductive Technology Act 2004

14 Status of surrogacy arrangements and prohibition of commercial surrogacy arrangements

(1)

A surrogacy arrangement is not of itself illegal, but is not enforceable by or against any person.

(2)

Subsection (1) does not affect Part 2 of the Status of Children Act 1969.

(3)

Every person commits an offence who gives or receives, or agrees to give or receive, valuable consideration for his or her participation, or for any other person’s participation, or for arranging any other person’s participation, in a surrogacy arrangement.

(4)

Subsection (3) does not apply to a payment—

(a)

to the provider concerned for any reasonable and necessary expenses incurred for any of the following purposes:

(i)

collecting, storing, transporting, or using a human embryo or human gamete:

(ii)

counselling 1 or more parties in relation to the surrogacy agreement:

(iii)

insemination or in vitro fertilisation:

(iv)

ovulation or pregnancy tests; or

(b)

to a legal adviser for independent legal advice to the woman who is, or who might become, pregnant under the surrogacy arrangement.

(5)

Every person who commits an offence against subsection (3) is liable on conviction to imprisonment for a term not exceeding 1 year or a fine not exceeding $100,000, or both.

Section 14(2): amended, on 20 September 2007, by section 4 of the Human Assisted Reproductive Technology Amendment Act 2007 (2007 No 63).

Section 14(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).