1996_03_march_surrog

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.

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