1. Short title
1. This Act may be cited as the Substitute Parent Agreements Act 1994.*1*
2. – Commencement
2.*1* (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette
(2) The remaining provisions commence on a day fixed by the Minister by notice in the Gazette
(3) If the remaining provisions have not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette, those provisions, by force of this subsection, commence on the first More? Enter Y (yes), N (next) or X (exit) :- y day after the end of that period
SEE NOTES TO FIRST ARTICLE OF THIS CHAPTER
3. – Interpretation
3. In this Act, unless the contrary intention appears-
“commercial substitute parent agreement” means a substitute parent agreement under which a person agrees to make or give to another person a payment or reward, other than for or on account for expenses connected with-
(a) a pregnancy (including any attempt to become pregnant) that is the subject of the agreement; or
(b) the birth or care of a child born as a result of that pregnancy;
“substitute parent agreement” means a contract, agreement, arrangement or understanding under which-
(a) a person agrees to become, or to attempt to become, pregnant and that a child born as a result of the pregnancy is to be taken to be (whether by adoption, agreement or otherwise) the child of another person; or
(b) a person who is pregnant agrees that a child born as a result of pregnancy is to be taken to be (whether by adoption, agreement or otherwise) the child of another person
4. – Application of offence provisions
4. A person who does an act prohibited by this Act is guilty of an offence under this Act if-
(a) the act occurs in the Territory, irrespective of the whereabouts of the person at the time the act is done; or
(b) at the time the act is done, the person is ordinarily resident in the Territory, irrespective of where the act occurs
5. – Commercial substitute parent agreements prohibited
5. A person shall not enter into a commercial substitute parent agreement
Penalty: $10,000 or imprisonment for 12 months, or both
6. – Procuration of substitute parent agreements
6. A person shall not procure another person to enter into a substitute parent agreement with a third person unless the first-mentioned person intends to be a party to the agreement
Penalty: $10,000 or imprisonment for 12 months, or both
7. – Advertising in relation to substitute parent agreements
7. A person shall not publish an advertisement, notice or document-
(a) intended or likely to induce a person to enter into a substitute parent agreement;
(b) seeking or purporting to seek a person who is willing to enter into a substitute parent agreement; or (c) stating or implying that a person is willing to enter into a substitute parent agreement
Penalty: (a) where the offence relates to a commercial substitute parent agreement-$5,000 or imprisonment for 6 months, or both;
(b) in any other case-$5,000
8. – Facilitating pregnancy
8. A person shall not knowingly provide any professional or technical services to another person to facilitate a person who is, or intends to be, a party to a commercial substitute parent agreement becoming pregnant for the purpose of the agreement
Penalty: $10,000 or imprisonment for 12 months, or both
9. – Substitute parent agreements void
9. A substitute parent agreement is void
10. – Welfare and interests of child paramount
10. Despite section 9, in any action or proceeding in connection with a substitute parent agreement, the welfare and interests of the child born as a result of a pregnancy that was the subject of the agreement shall be regarded as the paramount consideration.