{"id":"surrogacy-act-2019","name":"Surrogacy Act 2019","slug":"surrogacy-act-2019","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110401,"registerId":"sa-surrogacy-act-2019-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Surrogacy Act 2019","content":"South Australia\nSurrogacy Act 2019\nAn Act to recognise and regulate certain forms of surrogacy in South Australia, to ensure commercial surrogacy remains unlawful in South Australia, and for other purposes.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tSimplified outline of Act\n4\tInterpretation\n5\tInteraction with other Acts\nPart 2—Guiding principles for purposes of Act\n6\tBest interests of child paramount\n7\tSurrogacy principles\n8\tPresumptions under Family Relationships Act 1975 to apply until parentage order made\nPart 3—Lawful surrogacy agreements\nDivision 1—Lawful surrogacy agreements\n9\tSurrogacy agreements not in accordance with Act void and of no effect\n10\tCertain surrogacy agreements lawful in South Australia\n11\tExtent to which surrogacy costs are payable\n12\tVariation of lawful surrogacy agreement\n13\tExtent to which lawful surrogacy agreement can be enforced\nDivision 2—Counselling\n14\tCounselling requirements prior to entering lawful surrogacy agreement\n15\tIntended parents to ensure counselling available to surrogate mother during pregnancy and after birth\nDivision 3—Preservation of certain rights of surrogate mother\n16\tRights of surrogate mother to manage pregnancy and birth\n17\tMedical decisions affecting surrogate mother or child\nPart 4—Court orders relating to lawful surrogacy agreements\n18\tCourt may make orders as to parentage of child born as a result of lawful surrogacy agreement\n19\tCourt may revoke order under section 18\n20\tCourt may require separate representation of child\n21\tCourt to notify Registrar of Births, Deaths and Marriages\n22\tAccess to Court records\nPart 5—Offences relating to surrogacy agreements\n23\tOffence relating to commercial surrogacy agreements\n24\tOffence to arrange etc surrogacy agreement for another person\n25\tOffence to induce person to enter surrogacy agreement\n26\tOffence to advertise certain services relating to surrogacy\nPart 6—Miscellaneous\n27\tProvision of information etc for purposes of Births, Deaths and Marriages Registration Act 1996\n28\tLimitation of liability\n29\tConfidentiality\n30\tService\n31\tReview of Act\n32\tRegulations\nSchedule 1—Transitional provisions etc\nPart 5—Transitional and saving provisions etc\n11\tContinuation of recognised surrogacy agreements under Family Relationships Act 1975 as lawful surrogacy agreements\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Surrogacy Act 2019.\n3—Simplified outline of Act\n\t(1)\tThis Act provides a scheme allowing for certain forms of surrogacy in South Australia. However, all other forms of surrogacy remain unlawful, and the Act provides for a number of offences relating to surrogacy.\n\t(2)\tIn this Act—\n\t•\tPart 2 sets out principles that are to be applied in relation to the operation of the Act and to lawful surrogacy agreements;\n\t•\tPart 3 sets out the scheme for surrogacy agreements that are lawful and legally recognised;\n\t•\tPart 4 sets out the role of the Court in relation to lawful surrogacy agreements (and, in particular, the making of parentage orders for children born as a result of such agreements);\n\t•\tPart 5 provides that all other surrogacy agreements are unlawful in this State, and creates offences relating to surrogacy;\n\t•\tPart 6 contains miscellaneous provisions relating to surrogacy and the operation of the Act, including provisions protecting the privacy of children born as a result of a surrogacy agreement and a power to make regulations under the Act.\n4—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\naccredited counsellor means a counsellor who is accredited in accordance with the regulations for the purposes of this Act;\nbirth mother, of a child, means the woman who gave birth to the child;\nbirth sibling, of a child, means any other child who is born as a result of the same pregnancy as the child;\ncounsellor's certificate means a statement in a lawful surrogacy agreement signed by an accredited counsellor certifying that the accredited counsellor provided the counselling required under section 14 to a specified person or persons;\nCourt means the Youth Court of South Australia constituted of the Judge of the Court or a magistrate of the Court;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 whether declared as such under that Act or not;\nhuman reproductive material means—\n\t(a)\ta human embryo; or\n\t(b)\thuman semen; or\n\t(c)\ta human ovum;\nintended parent—see section 10(2)(b);\nlawful surrogacy agreement means—\n\t(a)\ta surrogacy agreement recognised as a lawful surrogacy agreement under section 10; or\n\t(b)\ta surrogacy agreement (however described) entered into in accordance with a prescribed corresponding law of the Commonwealth or another State or Territory;\nlawyer's certificate means a statement in a lawful surrogacy agreement signed by a legal practitioner certifying that—\n\t(a)\tthe legal practitioner explained the legal implications of the agreement to a specified person or specified persons; and\n\t(b)\tthe legal practitioner gave the prescribed information in respect of the lawful surrogacy agreement to a specified person or persons;\nlegal practitioner means a legal practitioner or interstate legal practitioner (both within the meaning of the Legal Practitioners Act 1981);\npayment means money or any other consideration;\nreasonable surrogacy costs—see section 11;\nspouse—a person is the spouse of another if they are legally married;\nsurrogate mother—see section 10(2)(a);\nsurrogacy agreement means an agreement (whether a lawful surrogacy agreement or otherwise) under which—\n\t(a)\ta woman agrees to—\n\t(i)\tbecome pregnant or attempt to become pregnant; and\n\t(ii)\tsurrender parentage or custody of, or rights in relation to, a child born as a result of the pregnancy to another person or persons; or\n\t(b)\ta pregnant woman agrees to surrender parentage or custody of, or rights in relation to, a child born as a result of the pregnancy.\n\t(2)\tFor the purposes of this Act, a reference to a lawful surrogacy agreement includes, unless the context requires otherwise, a reference to a proposed lawful surrogacy agreement.\n\t(3)\tFor the purposes of this Act, a reference to a surrogate mother under a lawful surrogacy agreement includes, unless the context requires otherwise, a reference to a person who is to be the surrogate mother pursuant to the lawful surrogacy agreement.\n\t(4)\tFor the purposes of this Act, a person will be taken to have impaired decision‑making capacity in respect of a particular decision if the person is not capable of—\n\t(a)\tunderstanding any information that may be relevant to the decision (including information relating to the consequences of making a particular decision); or\n\t(b)\tretaining such information; or\n\t(c)\tusing such information in the course of making the decision; or\n\t(d)\tcommunicating their decision in any manner,\nhowever—\n\t(e)\ta person will not be taken to be incapable of understanding information merely because the person is not able to understand matters of a technical or trivial nature;\n\t(f)\ta person will not be taken to be incapable of retaining information merely because the person can only retain the information for a limited time;\n\t(g)\ta person may fluctuate between having impaired decision‑making capacity and full decision‑making capacity;\n\t(h)\ta person's decision‑making capacity will not be taken to be impaired merely because a decision made by the person results, or may result, in an adverse outcome for the person.\n5—Interaction with other Acts\nExcept where the contrary intention appears, nothing in this Act limits the operation of any law relating to the guardianship, custody, protection or adoption of children.\nPart 2—Guiding principles for purposes of Act\n6—Best interests of child paramount\n\t(1)\tThe best interests of any child born as a result of a lawful surrogacy agreement is to be the paramount consideration in respect of the administration and operation of this Act.\n\t(2)\tTo avoid doubt, the requirement under this section applies to the Court.\n7—Surrogacy principles\n\t(1)\tThe following principles (the surrogacy principles) apply in relation to the lawful practice of surrogacy in South Australia:\n\t(a)\tthe human rights of all parties to a lawful surrogacy agreement, including any child born as a result of the agreement, must be respected;\n\t(b)\tthe surrogate mother under a lawful surrogacy agreement should not be financially disadvantaged as a result of her involvement in the lawful surrogacy agreement.\n\t(2)\tThe Minister, the Court, and each person or body engaged in the administration of this Act must exercise their powers and perform their functions so as to give effect to the surrogacy principles.\n\t(3)\tHowever, the surrogacy principles do not displace, and cannot be used to justify the displacement of, section 6.\n8—Presumptions under Family Relationships Act 1975 to apply until parentage order made\nThe presumptions and other rules as to the parentage of a child under the Family Relationships Act 1975 continue to apply to a child born as a result of a surrogacy arrangement until such time as the Court makes an order or orders as to parentage of the child under Part 4.\nPart 3—Lawful surrogacy agreements\nDivision 1—Lawful surrogacy agreements\n9—Surrogacy agreements not in accordance with Act void and of no effect\nExcept as may be provided for in this Act, a surrogacy agreement (however described) is void and of no effect.\n10—Certain surrogacy agreements lawful in South Australia\n\t(1)\tSubject to this Act, a surrogacy agreement that complies with the requirements under this section, and any regulations made for the purposes of this section, will be taken to be a lawful surrogacy agreement.\n\t(2)\tSubject to this Act, the following persons may be parties to a lawful surrogacy agreement:\n\t(a)\ta woman (the surrogate mother) who is to have a child or children for the purposes of the lawful surrogacy agreement;\n\t(b)\ta person, or both persons, (an intended parent) on whom parentage of the child or children born as a result of the lawful surrogacy agreement will be conferred in accordance with this Act.\n\t(3)\tSubject to this Act, each of the following provisions must be satisfied by, or in respect of, the surrogate mother under a lawful surrogacy agreement:\n\t(a)\tthe surrogate mother must be 25 years of age or older at the time the lawful surrogacy agreement is entered;\n\t(b)\tthe surrogate mother must not have impaired decision‑making capacity in respect of the decision to enter a lawful surrogacy agreement;\n\t(c)\tthe surrogate mother must be an Australian citizen or a permanent resident of Australia;\n\t(d)\tthe surrogate mother must not be pregnant at the time the lawful surrogacy agreement is entered;\n\t(e)\tthe surrogate mother must, before entering the lawful surrogacy agreement, undergo counselling of a kind required by section 14;\n\t(f)\tthe surrogate mother must provide to each intended parent a criminal history report in respect of the surrogate mother provided by South Australia Police, or the Australian Crime Commission or an Australian Crime Commission accredited agency or broker, within the 12 months prior to entering a lawful surrogacy agreement;\n\t(g)\tthe surrogate mother must comply with any other requirements set out in the regulations.\n\t(4)\tSubject to this Act, each of the following provisions must be satisfied by, or in respect of, the intended parents under a lawful surrogacy agreement:\n\t(a)\teach intended parent must be 25 years of age or older at the time the lawful surrogacy agreement is entered;\n\t(b)\tan intended parent must not have impaired decision making capacity in respect of the decision to enter a lawful surrogacy agreement;\n\t(c)\teach intended parent must be an Australian citizen or a permanent resident of Australia;\n\t(d)\tat least 1 intended parent must be domiciled in South Australia at the time the lawful surrogacy agreement is entered;\n\t(e)\teach intended parent must, before entering the lawful surrogacy agreement, undergo counselling of a kind required by section 14;\n\t(f)\tat least 1 of the following circumstances must exist in relation to the intended parent or parents:\n\t(i)\tat least 1 of the intended parents is a female person who is unlikely to become pregnant, or to be able to carry a pregnancy or give birth (whether because of medical reasons or otherwise); or\n\t(ii)\tthere is a risk that a serious genetic defect, serious disease or serious illness would be transmitted to a child born to an intended parent; or\n\t(iii)\tthere is a risk that becoming pregnant or giving birth to a child would result in physical harm to an intended parent (being harm of a kind, or of a severity, unlikely to be suffered by women who become pregnant or give birth generally); or\n\t(iv)\tit appears to be unlikely in all of the circumstances of the intended parent or parents that an intended parent would become pregnant, or be able to carry a pregnancy or give birth (whether because of gender identity, sexuality or any other reason);\n\t(g)\teach intended parent must provide to the surrogate mother a criminal history report in respect of the intended parent provided by South Australia Police, or the Australian Crime Commission or an Australian Crime Commission accredited agency or broker, within the 12 months prior to entering a lawful surrogacy agreement;\n\t(h)\tthe intended parents must comply with any other requirements set out in the regulations.\n\t(5)\tSubject to this Act, a lawful surrogacy agreement must comply with each of the following provisions:\n\t(a)\tthe lawful surrogacy agreement must be in writing in a form that complies with any requirements set out in the regulations;\n\t(b)\tthe lawful surrogacy agreement must contain a lawyer's certificate in respect of the surrogate mother and each intended parent;\n\t(c)\tthe lawful surrogacy agreement must contain a counsellor's certificate in respect of the surrogate mother and each intended parent;\n\t(d)\tthe lawful surrogacy agreement must contain provisions setting out the arrangements for the payment of reasonable surrogacy costs;\n\t(e)\tthe lawful surrogacy agreement must contain provisions setting out the Court orders under Part 4 that the intended parents will be likely to seek following the birth of a child under the lawful surrogacy agreement (however, nothing in this paragraph prevents the intended parents from seeking orders that differ from those set out in the agreement);\n\t(f)\tthe lawful surrogacy agreement must comply with any other requirements set out in the regulations.\n\t(6)\tWithout limiting this section, a lawful surrogacy agreement may contain such other lawful provisions as the parties to the lawful surrogacy agreement think fit.\n11—Extent to which surrogacy costs are payable\n\t(1)\tDespite any other Act or law, no payment of any form may be made (whether to a surrogate mother, an intended parent or any other person or body) in relation to a lawful surrogacy agreement except payment of the following kinds (the reasonable surrogacy costs)—\n\t(a)\tsuch reasonable costs as may be incurred, or likely to be incurred, in respect of the lawful surrogacy agreement, being—\n\t(i)\tcosts relating to the pregnancy (including any attempt to become pregnant) that is the subject of the lawful surrogacy agreement; and\n\t(ii)\tcosts relating to the birth of a child born as a result of the lawful surrogacy agreement; and\n\t(iii)\tcosts relating to the postnatal care of a child born as a result of the lawful surrogacy agreement; and\n\t(iv)\tmedical, counselling or legal services provided in relation to the lawful surrogacy agreement; and\n\t(v)\treasonable out of pocket expenses incurred by the surrogate mother in relation to the lawful surrogacy agreement; and\n\t(vi)\tany other costs, or costs of a kind, prescribed by the regulations for the purposes of this paragraph; or\n\t(b)\tpayments representing loss of income of a kind set out in the regulations; or\n\t(c)\tany other payment of a kind relating to the lawful surrogacy agreement of a kind prescribed by the regulations.\n\t(2)\tA provision of a lawful surrogacy agreement that is inconsistent with subsection (1) is void and of no effect.\n\t(3)\tNothing in this section authorises regulations to be made that allow for commercial surrogacy (however described).\n12—Variation of lawful surrogacy agreement\nThe parties to a lawful surrogacy agreement may, by instrument in writing signed by each party, vary a lawful surrogacy agreement.\n13—Extent to which lawful surrogacy agreement can be enforced\n\t(1)\tExcept as is provided for in this section, a lawful surrogacy agreement, or a provision of a lawful surrogacy agreement, is not enforceable.\n\t(2)\tA provision of a lawful surrogacy arrangement relating to the payment or reimbursement of reasonable surrogacy costs (being costs that have, in fact, been incurred) is enforceable in a court of competent jurisdiction.\n\t(3)\tHowever, subsection (2) does not apply where the surrogate mother—\n\t(a)\trefuses or fails to relinquish the custody or rights in relation to a child born as a result of the lawful surrogacy arrangement to the intended parents; or\n\t(b)\tdoes not consent to the making of an order under section 18.\nDivision 2—Counselling\n14—Counselling requirements prior to entering lawful surrogacy agreement\n\t(1)\tA surrogate mother must, before entering a lawful surrogacy agreement, undergo counselling regarding the implications of the agreement that complies with the following provisions:\n\t(a)\tthe counselling must be provided by an accredited counsellor;\n\t(b)\tthe counselling must be consistent with—\n\t(i)\tany guidelines related to such counselling published by the Australian and New Zealand Infertility Counsellors Association; and\n\t(ii)\tany relevant guidelines published by the National Health and Medical Research Council;\n\t(c)\tthe counselling must comply with any requirements set out in the regulations for the purposes of this paragraph.\n\t(2)\tEach intended parent must, before entering a lawful surrogacy agreement, undergo counselling regarding the implications of the agreement that complies with the following provisions:\n\t(a)\tthe counselling must be provided by an accredited counsellor;\n\t(b)\tat least 1 session of the counselling must be provided to each intended parent in the absence of the other;\n\t(c)\tthe counselling must be consistent with—\n\t(i)\tany guidelines related to such counselling published by the Australian and New Zealand Infertility Counsellors Association; and\n\t(ii)\tany relevant guidelines published by the National Health and Medical Research Council;\n\t(d)\tthe counselling must comply with any requirements set out in the regulations for the purposes of this paragraph.\n\t(3)\tThe costs of counselling under this section (including the costs of counselling the surrogate mother) are to be met by the intended parents.\n\t(4)\tThe reasonable costs of counselling under this section (including the costs of counselling the surrogate mother) may be recovered against the intended parents as a debt in a court of competent jurisdiction.\n15—Intended parents to ensure counselling available to surrogate mother during pregnancy and after birth\n\t(1)\tThe intended parents under a lawful surrogacy agreement must take reasonable steps to ensure that—\n\t(a)\tthe surrogate mother and the spouse or domestic partner of the surrogate mother (if any) is, in accordance with any requirements in the regulations, offered counselling by an accredited counsellor—\n\t(i)\tduring any period in which a surrogate mother is attempting to become pregnant for the purpose of a lawful surrogacy agreement; and\n\t(ii)\tduring any pregnancy to which a lawful surrogacy agreement relates; and\n\t(iii)\tduring the period of 6 months after the birth of the child; and\n\t(b)\tif the surrogate mother, spouse or domestic partner of the surrogate mother undergoes such counselling—the reasonable costs associated with the counselling are paid by the intended parents.\n\t(2)\tIf the intended parents under a lawful surrogacy agreement refuse or fail to comply with subsection (1), each intended parent is guilty of an offence.\nMaximum penalty: $5 000.\n\t(3)\tThe reasonable costs of any counselling under this section may be recovered against the intended parents as a debt in a court of competent jurisdiction.\nDivision 3—Preservation of certain rights of surrogate mother\n16—Rights of surrogate mother to manage pregnancy and birth\n\t(1)\tA surrogate mother has the same rights to manage her pregnancy and birth as any other pregnant woman.\n\t(2)\tA provision of a lawful surrogacy agreement that is inconsistent with subsection (1), or that purports to require the consent of the intended parents in relation to the management of the surrogate mother's pregnancy, the health of the unborn child to which the lawful surrogacy agreement relates, or the birth of a child to which the lawful surrogacy agreement relates, is void and of no effect.\n\t(3)\tThis section applies despite any provision of a lawful surrogacy agreement to the contrary.\n17—Medical decisions affecting surrogate mother or child\n\t(1)\tFor the purposes of this Act, the Consent to Medical Treatment and Palliative Care Act 1995 and any other Act or law, a question relating to any medical treatment to be provided to a surrogate mother, or to an unborn child to which a lawful surrogacy agreement relates, is to be determined as if the lawful surrogacy agreement did not exist.\n\t(2)\tNothing in this Act limits the operation of an advance care directive under the Advance Care Directives Act 2013.\nPart 4—Court orders relating to lawful surrogacy agreements\n18—Court may make orders as to parentage of child born as a result of lawful surrogacy agreement\n\t(1)\tSubject to this section, the Court may, on an application by 1 or both of the intended parents under a lawful surrogacy agreement, make 1 or more of the following orders in relation to a child born as a result of the lawful surrogacy agreement:\n\t(a)\tan order declaring—\n\t(i)\tthat the relationship between the child and the intended parent or parents is as specified in the order; and\n\t(ia)\tin a case where subsection (1a) applies—that the relationship between the child and the deceased person is as specified in the order; and\n\t(ii)\tthat the relationship between the child and the surrogate mother is as specified in the order; and\n\t(iii)\tthat the relationships of all other persons to the child are to be determined according to the operation and effect of the preceding subparagraphs;\n\t(b)\tan order declaring that the name of the child will be as specified in the order;\n\t(c)\tsuch consequential or ancillary orders as the Court considers appropriate.\n\t(1a)\tIf, in proceedings under subsection (1) brought by an intended parent, the Court is satisfied that human reproductive material used in relation to the relevant lawful surrogacy agreement came from a person—\n\t(a)\twho has died; and\n\t(b)\twho, before their death—\n\t(i)\twas a party to the lawful surrogacy agreement; or\n\t(ii)\tconsented to the human reproductive material being used in relation to the lawful surrogacy agreement,\nthe Court may make an order under subsection (1)(a)(ia) declaring the relationship between the child and the deceased person.\n\t(2)\tAn application under this section must be made—\n\t(a)\tnot less than 30 days but not more than 12 months after a child is born as a result of the lawful surrogacy agreement; or\n\t(b)\tif the Court considers it is in the best interests of the child or that exceptional circumstances exist—at such later time as the Court may allow.\n\t(3)\tAn applicant for an order under this section must provide to the Court (whether in an application or in proceedings under this section) such of the following information as is known to the applicant:\n\t(a)\tthe identity of the donor of any human reproductive material used in relation to the lawful surrogacy agreement and resulting in the birth of a child (being a donor who is not the surrogate mother or an intended parent);\n\t(b)\tany other information prescribed by the regulations.\n\t(4)\tIn the case where a child born as a result of the lawful surrogacy agreement has 1 or more birth siblings—\n\t(a)\tthe application will be taken to relate to the child and each birth sibling; and\n\t(b)\tthe Court may only make an order under subsection (1)(a) in relation to the child if it makes a comparable order in relation to each birth sibling, unless the Court considers it is not in the best interests of the child to do so.\n\t(5)\tThe Court may not make an order under subsection (1) unless satisfied that—\n\t(a)\tmaking the order is in the best interests of the child; and\n\t(b)\tthe intended parent or parents (if alive at the time of the order) are fit and proper to assume the role of parent of the child; and\n\t(c)\tsubject to this section, the surrogate mother under the lawful surrogacy agreement consents to the making of the order; and\n\t(d)\tsubject to this section, each intended parent under the lawful surrogacy agreement (if alive at the time of the order) consents to the making of the order.\n\t(6)\tHowever, the Court may dispense with the requirement under subsection (5)(c)—\n\t(a)\tif satisfied that the surrogate mother is dead or incapacitated; or\n\t(b)\tif satisfied that the applicants cannot contact the surrogate mother after making reasonable inquiries; or\n\t(c)\tin any other circumstances prescribed by the regulations.\n\t(7)\tThe Court may excuse a failure to comply with a particular requirement under Part 3 (other than a prescribed requirement) if satisfied that, in the circumstances of the particular case, it is appropriate for the Court to make orders under this section despite the failure and, in such a case, may order that, subject to such conditions as may be stipulated by the Court, the requirement be dispensed with.\n\t(8)\tAn order under subsection (7) may be conditional or unconditional.\n\t(9)\tThe Court may, in the case where only 1 intended parent has applied for the order, and the other intended parent is alive at the time of the application, make an order under subsection (1) in favour of the applicant intended parent only—\n\t(a)\tif the other intended parent consents to the making of an order in favour of the applicant intended parent; or\n\t(b)\tif the applicant intended parent cannot, after making reasonable inquiries, contact the other intended parent to obtain their consent to the making of an order in favour of the applicant intended parent; or\n\t(c)\tin any other circumstances prescribed by the regulations.\n\t(10)\tThe Court may, before deciding whether to make an order under this section, require any party to the proceedings to provide an assessment of a specified kind from an accredited counsellor (obtained at the expense of the intended parents) in relation to the matter.\n\t(11)\tOn the making of an order under subsection (1)(a)—\n\t(a)\tthe appointment of a person or persons as guardian of the child in force immediately before the order is made will be taken to be revoked; and\n\t(b)\tany order of the Court under a child protection law placing the child in the custody of a person or persons in force immediately before the order is made will be taken to be revoked; and\n\t(c)\tany presumptions or other rules as to parentage of the child under the Family Relationships Act 1975 will be taken not to apply in relation to the child.\n\t(12)\tTo avoid doubt, the Court, in proceedings under this section—\n\t(a)\tis not bound by the rules of evidence but may inform itself as it thinks fit; and\n\t(b)\tmust act according to equity, good conscience and the substantial merits of the case without regard to technicalities and legal forms; and\n\t(c)\tmay take into account anything it considers relevant.\n\t(13)\tNothing in this section prevents the name of a child being later changed in accordance with another law of the State.\n19—Court may revoke order under section 18\n\t(1)\tSubject to this section, the Court may, on an application by the birth mother of a child, make an order revoking an order under section 18 (the original order) relating to a child, and any comparable order under that section relating to the birth siblings of the child.\n\t(2)\tThe Court must not make an order under subsection (1) unless satisfied that—\n\t(a)\tmaking the order is in the best interest of the child; and\n\t(b)\t1 or more of the following circumstances applies in relation to the original order:\n\t(i)\tthe original order was obtained by fraud, duress or other improper means;\n\t(ii)\ta consent relied on for the making of the original order was not an effective consent because it was obtained by fraud, duress or inducement;\n\t(iii)\tthere are exceptional reasons why the original order should be discharged; and\n\t(c)\treasonable efforts have been made to give notice of the application to—\n\t(i)\teach intended parent under the relevant lawful surrogacy agreement; and\n\t(ii)\tif the Court considers it appropriate having regard to the child's age, the child.\n\t(3)\tIf the Court makes an order under subsection (1), the Court must also make the following ancillary orders:\n\t(a)\tan order declaring—\n\t(i)\tthat the relationship between the child and the birth mother is as specified in the order; and\n\t(ii)\tthat the relationship between the child and the intended parents is as specified in the order; and\n\t(iia)\tthat the relationship between the child and a deceased person in relation to whom an order had been made under section 18(1)(a)(ia) is as specified in the order; and\n\t(iii)\tthat the relationships of all other persons to the child are to be determined according to the operation and effect of the preceding subparagraphs;\n\t(b)\tan order declaring that the name of the child will be as specified in the order (having regard to the principle that the child's first name should not be changed by the order except in exceptional circumstances),\nand may make such other consequential or ancillary orders as the Court considers appropriate.\n\t(4)\tAny person may apply for leave to intervene in an application under this section and the Court may make an order permitting the person to intervene in the application.\n\t(5)\tExcept where the Court orders otherwise, a person who is permitted to intervene in an application under this section will be taken to be a party to the application.\n\t(6)\tSubject to any orders made under subsection (3), if an original order is revoked under this section, any rights, duties and relationships under the law of the State (including, to avoid doubt, parentage relationships determined under the Family Relationships Act 1975) are to be determined as if the original order had not been made.\n\t(7)\tSubject to any order made under this section, nothing in this section affects anything lawfully done, or any proprietary right or interest created in a person, while the original order was in force.\n\t(8)\tNothing in this section prevents the name of a child being later changed in accordance with another law of the State.\n20—Court may require separate representation of child\n\t(1)\tIn proceedings before the Court under this Act relating to a child born as a result of a lawful surrogacy agreement, the Court may, if it thinks it appropriate to do so—\n\t(a)\torder that the child is to be separately represented in the proceedings; and\n\t(b)\tmake any other orders the Court considers necessary or appropriate to secure that separate representation.\n\t(2)\tA legal practitioner representing a child in proceedings under this Act must act in the best interests of the child, having regard to any evidence reasonably available to the legal practitioner.\n21—Court to notify Registrar of Births, Deaths and Marriages\nThe Registrar of the Court must, as soon as is reasonably practicable after the Court makes an order under section 18 or 19 relating to a child, give to the Registrar of Births, Deaths and Marriages written notice of the following matters:\n\t(a)\tthe date of the order;\n\t(b)\tthe full name, address and occupation of the birth mother of the child;\n\t(c)\tthe full name, address and occupation of the intended parent or parents of the child under the relevant lawful surrogacy agreement;\n\t(ca)\tthe full name and any other prescribed particulars of any deceased person in relation to whom an order is made under section 18(1)(a)(ia) or section 19(3)(a)(iia);\n\t(d)\tthe name by which the child is known before, and is to be known after, the order becomes effective;\n\t(e)\tdetails of the date and place of birth of the child;\n\t(f)\tthe terms of any relevant consequential or ancillary orders made;\n\t(g)\tif known, the identity of the donor of any human reproductive material used in relation to the relevant lawful surrogacy agreement and resulting in the birth of a child (being a donor who is not the birth mother, an intended parent or a deceased person the subject of an order under section 18(1)(a)(ia));\n\t(h)\tif known, such other information as may be reasonably required by the Registrar of Births, Deaths and Marriages for the purposes of registration of the birth of the child to whom the order relates.\n22—Access to Court records\nExcept as may be authorised by the Court, the records of proceedings relating to an order under section 18 or 19 will not be open to inspection.\nPart 5—Offences relating to surrogacy agreements\n23—Offence relating to commercial surrogacy agreements\n\t(1)\tA person who enters, or purports to enter, a commercial surrogacy agreement is guilty of an offence.\nMaximum penalty: Imprisonment for 12 months.\n\t(2)\tIn proceedings for an offence against this section, the prosecution need not prove that a woman became pregnant, or a child was or is to be born, pursuant to the commercial surrogacy agreement.\n\t(3)\tFor the purposes of this section, a reference to a payment will be taken not to include a reference to a payment of reasonable surrogacy costs.\n\t(4)\tIn this section—\ncommercial surrogacy agreement means a surrogacy agreement that provides for, or purports to provide for, a person to receive payment for any of the following:\n\t(a)\tentering, or agreeing to enter, the surrogacy agreement; or\n\t(b)\tgiving up a child, or any rights in respect of a child, born as a result of the surrogacy agreement; or\n\t(c)\tconsenting to the making of an order under this Act relating to a child born as a result of the surrogacy arrangement.\n24—Offence to arrange etc surrogacy agreement for another person\n\t(1)\tA person who, for valuable consideration—\n\t(a)\tnegotiates, or arranges or obtains the benefit of, a surrogacy agreement on behalf of another; or\n\t(b)\toffers to negotiate, or arrange or obtain the benefit of a surrogacy agreement on behalf of another; or\n\t(c)\tarranges, or offers to arrange, introductions between people seeking to enter a surrogacy agreement,\nis guilty of an offence.\nMaximum penalty: Imprisonment for 12 months.\n\t(2)\tSubsection (1) does not apply to—\n\t(a)\tthe negotiation, or arranging or obtaining the benefit of, a lawful surrogacy agreement by an intended parent on behalf of another intended parent under the lawful surrogacy agreement; or\n\t(b)\tany other act, or act of a kind, prescribed by the regulations.\n\t(3)\tIn proceedings for an offence against this section, the prosecution need not prove that—\n\t(a)\ta surrogacy agreement was, in fact, entered; or\n\t(b)\ta woman became pregnant, or a child was or is to be born, pursuant to the surrogacy agreement.\n25—Offence to induce person to enter surrogacy agreement\n\t(1)\tA person who, by threat of harm, or by dishonesty or undue influence, induces another to enter a surrogacy agreement is guilty of an offence.\nMaximum penalty: Imprisonment for 5 years.\n\t(2)\tA person who, for valuable consideration, induces another to enter into a surrogacy agreement is guilty of an offence.\nMaximum penalty: Imprisonment for 2 years.\n\t(3)\tIn proceedings for an offence against this section, the prosecution need not prove that a woman became pregnant, or a child was or is to be born, pursuant to the surrogacy agreement.\n26—Offence to advertise certain services relating to surrogacy\n\t(1)\tA person must not publish an advertisement, statement, notice or other material that—\n\t(a)\tseeks, or purports to seek, the agreement of a person to act as a surrogate mother for valuable consideration; or\n\t(b)\tstates, or implies, that a person is willing to act as a surrogate mother for valuable consideration.\nMaximum penalty: $10 000.\n\t(2)\tIn proceedings for an offence against this section, it is not necessary for the prosecution to prove that a person did, in fact, as a surrogate mother, or that a surrogacy agreement (whether a lawful surrogacy agreement or otherwise) was, in fact, entered.\n\t(3)\tIn this section—\npublish means to disseminate or provide access, by any means, to the public or a section of the public.\nPart 6—Miscellaneous\n27—Provision of information etc for purposes of Births, Deaths and Marriages Registration Act 1996\nExcept as may be provided for in this Act, nothing in this Act affects the requirement of the parents of a child born as a result of a surrogacy agreement to have the child's birth registered under the Births, Deaths and Marriages Registration Act 1996.\n28—Limitation of liability\nExcept as specifically provided in this Act, no civil or criminal liability attaches to the Crown, or a person exercising powers and functions under this Act in respect of an act or omission in good faith in the exercise or discharge, or purported exercise or discharge, of a power, function or duty conferred or imposed by or under this Act.\n29—Confidentiality\nA person must not, directly or indirectly, disclose information obtained in the course of the administration or operation of this Act except—\n\t(a)\tfor the purposes of the administration or enforcement of this Act; or\n\t(b)\tfor the purposes of referring the matter to a law enforcement agency; or\n\t(c)\tfor the purposes of a criminal proceeding or a proceeding for the imposition of a penalty; or\n\t(d)\tto an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions; or\n\t(e)\tif the disclosure is reasonably necessary for the protection of the lawful interests of that person; or\n\t(f)\tas is otherwise required or authorised by or under this or any other Act.\nMaximum penalty: $10 000.\n30—Service\nExcept where this Act requires otherwise, a notice or other document required or authorised to be given to or served on a person under this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe left for the person at the person's place of residence or business with someone apparently over the age of 16 years; or\n\t(c)\tbe posted to the person at the person's last known place of residence or business; or\n\t(d)\tbe transmitted by email to an email address provided by the person (in which case the notice or other document will be taken to have been given or served at the time of transmission); or\n\t(e)\tif the person is a company or registered body within the meaning of the Corporations Act 2001 of the Commonwealth, be served in accordance with that Act.\n31—Review of Act\n\t(1)\tThe Minister must cause a review of the operation of this Act to be conducted and a report on the review to be prepared and submitted to the Minister.\n\t(2)\tThe review and the report must be completed after the seventh, but before the eighth, anniversary of the commencement of this Act.\n\t(3)\tThe Minister must cause a copy of the report submitted under subsection (1) to be laid before both Houses of Parliament within 6 sitting days after receiving the report.\n32—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may provide for—\n\t(a)\tfees in respect of any matter under this Act and their payment, recovery or waiver; and\n\t(b)\tfines, not exceeding $10 000, for offences against the regulations; and\n\t(c)\tfacilitation of proof of the commission of offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application; and\n\t(b)\tmake different provision according to the matters or circumstances to which they are expressed to apply; and\n\t(c)\tmake provisions of a saving or transitional nature consequent on the enactment of this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act; and\n\t(d)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or any other specified person or body; and\n\t(e)\tapply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Minister or another specified person or body.\n\t(4)\tIf a code, standard or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard or other document.\nSchedule 1—Transitional provisions etc\nPart 5—Transitional and saving provisions etc\n11—Continuation of recognised surrogacy agreements under Family Relationships Act 1975 as lawful surrogacy agreements\n\t(1)\tA recognised surrogacy agreement under Part 2B of the Family Relationships Act 1975 that was in force immediately before the commencement of this clause—\n\t(a)\twill, on the commencement of clause 10 of this Schedule, be taken to continue in force in accordance with its terms; and\n\t(b)\twill be taken to be a lawful surrogacy agreement under this Act.\n\t(2)\tAny counselling, certificate or other matter done under the Family Relationships Act 1975 in respect of a recognised surrogacy agreement continued under this clause will be taken to have effect as if it were counselling, a certificate or matter done under this Act.\n\t(3)\tA reference in any Act or law, or contract or other instrument, to a recognised surrogacy agreement (being a recognised surrogacy agreement continued under this clause) will be taken to be a reference to the agreement as so continued.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Surrogacy Act 2019 amended the following:\nAssisted Reproductive Treatment Act 1988\nBirths, Deaths and Marriages Registration Act 1996\nFamily Relationships Act 1975\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2019\n31\nSurrogacy Act 2019 \n7.11.2019\n1.9.2020 (Gazette 18.6.2020 p3392) except Sch 1 (cl 4)—7.11.2021 (s 7(5) Acts Interpretation Act 1915)\n2024\n8\nAssisted Reproductive Treatment (Posthumous Use of Material and Donor Conception Register) Amendment Act 2024\n28.3.2024\nSch 1 (cll 6 to 9)—26.2.2025 (Gazette 28.11.2024 p4271)\n2025\n55\nStatutes Amendment (Attorney-General's Portfolio) Act 2025\n20.11.2025\nPt 7 (s 9)—20.11.2025: s 2\nProvisions amended\nNew entries appear in bold.\nProvision\nHow varied\nCommencement\nPt 1\n\n\nLong title\namended under Legislation Revision and Publication Act 2002\n26.2.2025\ns 2\nomitted under Legislation Revision and Publication Act 2002\n26.2.2025\ns 4\n\n\ns 4(1)\n\n\nhuman reproductive material\ninserted by 8/2024 Sch 1 cl 6\n26.2.2025\nPt 4\n\n\ns 18\n\n\ns 18(1)\namended by 8/2024 Sch 1 cl 7(1)\n26.2.2025\ns 18(1a)\ninserted by 8/2024 Sch 1 cl 7(2)\n26.2.2025\ns 18(5)\namended by 8/2024 Sch 1 cl 7(3), (4)\n26.2.2025\ns 19\n\n\ns 19(3)\namended by 8/2024 Sch 1 cl 8\n26.2.2025\ns 21\namended by 8/2024 Sch 1 cl 9(1), (2)\n26.2.2025\nPt 6\n\n\ns 31\n\n\ns 31(2)\namended by 55/2025 s 9\n20.11.2025\nSch 1\n\n\nPts 1—4\nomitted under Legislation Revision and Publication Act 2002\n26.2.2025\nHistorical versions\n26.2.2025\n\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Subsequent amendments have broadened the Act's scope beyond the original core scheme in two material ways. The 2024 Assisted Reproductive Treatment amendment introduced explicit treatment of human reproductive material and posthumous use: it added a definition of \"human reproductive material\" and created a power for the Court to make parentage orders in cases where reproductive material from a deceased person was used (s 4 definition; s 18(1a)). The amendments also required additional particulars to be notified to the Registrar where relevant donor or deceased‑person information is known (s 21). These changes extend the Act from regulating living parties’ surrogacy arrangements to expressly covering cases involving posthumous gametes/embryos and donor‑related identification. The 2025 statute amendments adjusted administrative elements (for example the timing of the statutory review) and made other technical changes. Overall, the amendments expand the Act’s subject‑matter (posthumous use and donor matters) and increase its interaction with assisted‑reproductive treatment law, adding new categories of cases and reporting obligations that were not part of the original narrow scheme."},"complexity_factors":["Approx. 16 defined terms in the interpretation section (s 4) and a detailed impaired decision‑making capacity test","Multiple layered eligibility conditions for surrogate and intended parents with many sub‑paragraphs (s 10(3)–(5))","Comprehensive payment restriction framing with multiple categories and regulatory carve‑ins (s 11)","Counselling requirements linked to external professional guidelines and regulatory prescription (s 14–15)","Limited enforceability of agreements with narrow exceptions and multiple conditional clauses (s 13)","Extensive Court discretion and conditional rules for parentage and revocation orders with time limits and exceptions (s 18–19)","Several separate criminal offences with differing fault elements and penalties (s 23–26)","Broad regulation‑making power that can modify many operational details and incorporate external documents (s 32)","Cross‑references and interaction clauses with other Acts and registration requirements (s 5, s 27, s 21)","Transitional and amendment history adding posthumous‑use and donor provisions increases cross‑statutory complexity (Schedule and legislative history)"],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Establishes a legal framework that recognises some surrogacy agreements as lawful in South Australia and declares all other surrogacy agreements void (s 9–10).\n- Sets eligibility, form and procedural requirements for a lawful surrogacy agreement: age, residence/citizenship, counselling certificates, lawyer certificates, criminal-history reports and other specified conditions (s 10, s 14).\n- Limits what payments are permitted in connection with a lawful surrogacy agreement to specified \"reasonable surrogacy costs\" (medical costs, counselling, legal services, out-of-pocket expenses, loss of income as prescribed) and makes commercial surrogacy unlawful (s 11, s 23).\n- Gives the Youth Court of South Australia power to make parentage orders for children born under lawful surrogacy agreements, to revoke those orders in limited circumstances, and to set related matters such as a child’s name (Part 4, especially s 18–19).\n- Makes a range of surrogacy-related criminal offences: entering a commercial surrogacy agreement, arranging surrogacy for another person for valuable consideration, inducing someone to enter a surrogacy agreement by coercion or payment, and advertising that someone will act as a surrogate for valuable consideration (s 23–26).\n- Protects the surrogate mother’s autonomy over pregnancy, birth and medical decisions (s 16–17), imposes confidentiality obligations (s 29), and provides for regulations and a statutory review (s 31–32).\n\n**Who it affects**\n\n- Surrogate mothers and people (one or two) who intend to be legal parents under a surrogacy arrangement (\"intended parents\") — they must meet eligibility and procedural requirements to have the arrangement recognised as lawful (s 10).\n- Medical, counselling and legal professionals — they must provide accredited counselling and legal advice consistent with specified guidelines and issue certificates that become part of the agreement (s 14, s 10(5)(b),(c)).\n- Intermediaries and businesses that arrange surrogacy or advertise surrogacy services — the Act largely prohibits arranging for valuable consideration and advertising commercial surrogacy (s 24, s 26), which restricts the commercial market for surrogacy matching and brokerage services.\n- Courts and public registries — the Youth Court decides parentage orders (Part 4); the Court must notify the Registrar of Births, Deaths and Marriages when orders are made (s 21).\n- Law enforcement and regulators — offences carry fines and imprisonment, and the Act creates duties to keep certain information confidential (s 23–26, s 29).\n\n**Why it matters (official purpose claimed and practical effects)**\n\n- Officially, the Act aims to recognise and regulate some forms of surrogacy while keeping commercial surrogacy unlawful. That purpose is achieved by defining a class of lawful agreements and criminalising commercial arrangements (Long title; s 3; s 10; s 23).\n\n- Cost and compliance consequences: intended parents bear most direct costs — they must pay for legal advice, counselling (including the surrogate’s pre‑agreement counselling), and reasonable surrogacy costs (s 14(3), s 15(1)(b), s 11). These are concentrated, identifiable compliance costs. The scheme also imposes administrative and documentary burdens (lawyer’s certificates, counsellor’s certificates, police checks) that create upfront time and money costs.\n\n- Restrictions on private contracting and markets: the Act narrows contract freedom by voiding non‑compliant surrogacy agreements (s 9) and by making most commercial intermediary activity unlawful (s 24). This reduces the space for for‑profit surrogacy agencies and paid matchmaking services; it also restricts advertising that could help matching (s 26). Those constraints may push some parties into informal, interstate or overseas arrangements to avoid criminal risk.\n\n- Enforcement and legal certainty: the Act limits enforceability of most terms in a surrogacy agreement (they are not enforceable except for reimbursement of reasonable surrogacy costs actually incurred) (s 13). That reduces private parties’ ability to contractually secure parental transfer and transfers much depend on court orders made after birth (s 18). The Court may exercise broad discretion (may dispense with some requirements in particular cases) which introduces case‑by‑case uncertainty (s 18(7)–(8)).\n\n- Protection of surrogate autonomy: the law explicitly preserves the surrogate mother’s legal control of pregnancy, birth and medical decisions, rendering any contract term attempting to remove that control void (s 16–17). That creates clear limits on the enforceability of directives in agreements.\n\n- Implementation risk and capacity: the scheme depends on availability of accredited counsellors, timely criminal history clearances, legal practitioners to issue certificates, and Court capacity for parentage proceedings. If any of those are scarce, delays or de facto barriers to lawful surrogacy may arise (s 10, s 14, s 18).\n\n- Disclosures and privacy: the Court must notify the Registrar about orders and certain identifying information (s 21). Confidentiality restrictions limit wider disclosure of administration information but allow communication to law enforcement or for statutory functions (s 29).\n\n**Key operational points, with section references**\n\n- Eligibility: surrogate and intended parents must be at least 25, Australian citizens or permanent residents, meet counselling and criminal history check requirements; at least one intended parent must be domiciled in SA (s 10(3)–(4)).\n- Payments: only specified reasonable surrogacy costs and prescribed items may be paid; any provision permitting other payments is void; regulations cannot authorise commercial surrogacy (s 11).\n- Counselling: accredited counselling required before agreement for both surrogate and intended parents; intended parents must offer counselling to surrogate during pregnancy and for 6 months after birth and meet the costs (s 14–15).\n- Parentage orders: intended parents apply to the Youth Court between 30 days and 12 months after birth (or later in exceptional circumstances); Court must be satisfied orders are in child’s best interests and that parties are fit and proper, and usually requires surrogate consent (s 18).\n- Offences and penalties: commercial surrogacy and arranging surrogacy for valuable consideration carry imprisonment up to 12 months; coercing someone into surrogacy can carry up to 5 years (s 23–25); advertising commercial surrogacy may incur fines (s 26).\n\n**Trade‑offs and likely behavioural effects**\n\n- Concentrated costs on intended parents and legal/counselling providers vs diffuse social benefit of clearer legal parentage. Administrative demands concentrate benefits (legal certainty, registration) on those who comply with the framework and impose real costs on them.\n- Reducing commercial intermediation and advertising narrows private market opportunities for service providers and makes informal or cross‑border surrogacy more likely as substitution.\n- The Court‑centric route to legal parentage (post‑birth orders) adds procedural risk and delay compared with fully pre‑approved parentage transfer, increasing reliance on judicial discretion.\n\n(See s 3 for the Act’s simplified outline and ss 6–7 for guiding principles such as the child’s best interests and surrogate protection.)"},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent as stated in the long title: to recognise and regulate certain forms of surrogacy while ensuring commercial surrogacy remains unlawful. The 2024 amendments regarding posthumous use of reproductive material and the 2025 amendment regarding review timing are incremental adjustments rather than scope expansion."},"complexity_factors":["Multiple defined terms in section 4 (15+ definitions including nested definitions like 'reasonable surrogacy costs' which points to section 11)","Extensive eligibility criteria with multiple conditions in section 10 (7 requirements for surrogate mothers, 8 for intended parents including complex medical/social eligibility tests)","Cross-references to other Acts including Family Relationships Act 1975, Births, Deaths and Marriages Registration Act 1996, Consent to Medical Treatment and Palliative Care Act 1995, Advance Care Directives Act 2013, and Legal Practitioners Act 1981","Conditional enforcement provisions in section 13 (agreements generally unenforceable except for cost reimbursement, with exception to that exception if surrogate refuses to relinquish child)","Nested exceptions in court order provisions — section 18 contains multiple dispensations (subsections 6, 7, 9) allowing the Court to excuse non-compliance with requirements","Regulation-dependent provisions — multiple sections (10, 11, 14, 15, 18, 19, 24) defer key details to regulations yet to be made","Interaction with deceased persons' reproductive material (section 18(1a)) adding posthumous parentage complexity","Revocation provisions in section 19 with their own nested conditions and ancillary orders","Transitional provisions preserving agreements made under previous legislation (Schedule 1)"],"plain_english_summary":"**What this law does:**\n\nThe *Surrogacy Act 2019* (South Australia) creates a legal framework for **altruistic surrogacy** — where a woman carries a baby for someone else without being paid a fee, though she can be reimbursed for reasonable costs. It makes **commercial surrogacy** (paying someone to be a surrogate) a criminal offence.\n\n**Who it affects:**\n\n- **Surrogate mothers** — women who agree to carry a child for intended parents. They must be at least 25, Australian citizens or permanent residents, and have full decision-making capacity.\n- **Intended parents** — the people who will raise the child. They must also be 25+, Australian citizens or permanent residents, and at least one must live in South Australia. They must also have a medical or social reason why they cannot carry a pregnancy themselves.\n- **Children born through surrogacy** — the Act prioritises their best interests above all else.\n\n**Key rules:**\n\n- **Surrogacy agreements must be in writing** and include certificates from lawyers and accredited counsellors confirming everyone understands what they're doing.\n- **Counselling is mandatory** — before signing, and the intended parents must offer counselling to the surrogate during pregnancy and for 6 months after birth.\n- **The surrogate keeps control** — she cannot be forced to follow the intended parents' wishes about medical decisions, pregnancy management, or birth. Any agreement clause trying to do this is void.\n- **Only reasonable costs can be paid** — things like medical bills, legal fees, counselling, and loss of income (as defined by regulations). Anything else is illegal.\n- **Parentage orders** — after the birth, the intended parents can apply to the Youth Court for an order transferring legal parentage from the surrogate to them. The surrogate must consent (unless she has died, is incapacitated, or cannot be found).\n- **Offences** — entering a commercial surrogacy agreement, arranging surrogacy for profit, inducing someone to become a surrogate through threats or payment, or advertising paid surrogacy services can result in fines or imprisonment (up to 5 years for the most serious offences).\n\n**Why it matters:**\n\nThis law gives clarity to families using surrogacy while protecting vulnerable people — particularly surrogate mothers — from exploitation. It balances the desire of people to become parents through surrogacy with safeguards to ensure women aren't coerced or commercially exploited."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is impossible — the document provided contains no legislative text, only a website 'Page Not Found' error message. No comparison between original intent and enacted provisions can be made."},"complexity_factors":["No legislative text was retrieved — only a website error page was provided","No provisions, definitions, schedules, or operative clauses are available for analysis","Complexity cannot be meaningfully assessed without actual legislative content"],"plain_english_summary":"The Surrogacy Act 2019 (SA) regulates surrogacy in South Australia: who may enter arrangements, the legal requirements to do so, and how legal parentage is established or transferred after birth. It directly affects surrogates, intended parents, fertility clinics and legal practitioners by clarifying parental rights, responsibilities and safeguards around assisted reproduction."}},"importantCases":[],"_links":{"self":"/api/acts/surrogacy-act-2019","history":"/api/acts/surrogacy-act-2019/history","analysis":"/api/acts/surrogacy-act-2019/analysis","conflicts":"/api/acts/surrogacy-act-2019/conflicts","importantCases":"/api/acts/surrogacy-act-2019/important-cases","documents":"/api/acts/surrogacy-act-2019/documents"}}