{"id":"surrogacy-act-2022","name":"Surrogacy Act 2022","slug":"surrogacy-act-2022","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30639,"registerId":"nt-surrogacy-act-2022-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Surrogacy Act 2022","content":"NORTHERN TERRITORY OF AUSTRALIA\nSURROGACY ACT 2022\nAs in force at 21 December 2022\nTable of provisions\nPart 1 Preliminary matters\n1 Short title ......................................................................................... 1\n2 Commencement .............................................................................. 1\n3 Definitions ........................................................................................ 1\n4 Purposes of Act ............................................................................... 2\n5 Best interests of child ...................................................................... 3\n6 Guiding principles ............................................................................ 3\n7 Administration and operation ........................................................... 3\n8 Application of Criminal Code ........................................................... 3\n9 Relationship with Status of Children Act 1978 ................................. 3\n10 Rights of surrogate mother to manage pregnancy and birth ............ 4\nPart 2 Regulation of surrogacy arrangements\nDivision 1 Enforceability and reasonable costs\n11 Enforceability ................................................................................... 4\n12 Reasonable costs ............................................................................ 4\nDivision 2 Requirements for surrogacy arrangement\n13 Purpose of Division .......................................................................... 5\n14 Form of surrogacy arrangement ...................................................... 5\n15 Timing of surrogacy arrangement .................................................... 5\n16 Parties to surrogacy arrangement ................................................... 6\n17 Requirements for surrogate mother ................................................. 6\n18 Requirements for intended parent ................................................... 6\n19 Reason for surrogacy arrangement ................................................. 6\n20 Legal advice .................................................................................... 7\n21 Legal certificate ............................................................................... 7\n22 Counselling before entering into surrogacy arrangement ................ 8\n23 Counselling after birth of child ......................................................... 8\n24 Report for Local Court ..................................................................... 9\n25 Requirements related to counsellors ............................................. 10\nPart 3 Parentage orders\nDivision 1 Application for parentage order\n26 Application for parentage order ..................................................... 10\n\nSurrogacy Act 2022 ii\n27 Residence of child ......................................................................... 11\n28 Contents of application .................................................................. 11\n29 Separate legal representation of child ........................................... 11\n30 Multiple children............................................................................. 12\nDivision 2 Making parentage order\n31 Purpose of parentage order ........................................................... 12\n32 Consent ......................................................................................... 12\n33 Residence of each applicant.......................................................... 13\n34 Making parentage order ................................................................ 14\n35 Contents of parentage order .......................................................... 15\n36 Child's names ................................................................................ 15\nDivision 3 Effect of parentage order\n37 Effect of parentage order ............................................................... 15\n38 Duty of trustee and personal representative .................................. 16\n39 Sexual offence – familial relationship ............................................ 16\nDivision 4 Revocation of parentage order\n40 Application to revoke parentage order ........................................... 17\n41 Revocation of parentage order ...................................................... 17\n42 Effect of revocation of parentage order ......................................... 18\nDivision 5 Procedural and other matters\n43 Procedure for applications ............................................................. 18\n44 Closed proceedings ....................................................................... 18\n45 Appeals.......................................................................................... 19\n46 Notice to Registrar of Births, Deaths and Marriages...................... 19\n47 Access to court records ................................................................. 20\nPart 4 Offences\n48 Offering or making commercial surrogacy arrangement ................ 21\n49 Offering or providing assistance to enter into surrogacy\narrangement .................................................................................. 21\n50 Advertising commercial surrogacy arrangement............................ 22\n51 Fertility services for commercial surrogacy arrangement .............. 22\n52 Offence to publish identifying information ...................................... 23\n53 Offence to disclose certain information .......................................... 24\n54 Prosecutions .................................................................................. 25\nPart 5 Miscellaneous\n55 Regulations.................................................................................... 25\n56 Review of Act................................................................................. 25\n\nSurrogacy Act 2022 iii\nPart 6 Transitional provisions\n57 Prior surrogacy arrangements ....................................................... 26\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 21 December 2022\n____________________\nSURROGACY ACT 2022\nAn Act to regulate surrogacy arrangements and for related purposes\nPart 1 Preliminary matters\n1 Short title\nThis Act may be cited as the Surrogacy Act 2022.\n2 Commencement\n(1) Subject to subsection (2), this Act commences on the day fixed by\nthe Administrator by Gazette notice.\n(2) If a provision of this Act does not commence before 21 March 2024,\nit commences on that day.\n3 Definitions\nIn this Act:\nbirth includes still-birth.\nbirth parent, in relation to a child, means a person recognised by\nlaw as a parent of the child when the child is born.\nchild includes a still-born child.\nconsent means free and voluntary agreement.\ncommercial surrogacy arrangement, means a surrogacy\narrangement with the elements specified in section 48(c).\ncounsellor means a person who provides counselling under\nsection 22 or 23 or prepares a report under section 24.\nintended parent means a person who is to become a parent of and\nassume custody of a child born under a surrogacy arrangement.\nparentage order means an order made under section 34.\n\nPart 1 Preliminary matters\nSurrogacy Act 2022 2\npartner, in relation to a person, means the spouse or de facto\npartner of the person when the surrogacy arrangement is entered\ninto.\nparty, in relation to a surrogacy arrangement, means a person who\nenters into the arrangement.\nsurrogacy arrangement means an agreement, understanding or\nother arrangement entered into by a woman and one or more other\npersons under which:\n(a) a child born as a result of the woman's pregnancy is to be\ntreated as a child of the other person or persons instead of the\nwoman; and\n(b) the other person or persons are to become the parents of and\nassume custody of the child instead of the woman.\nNote for definition surrogacy arrangement\nThe partner, if any, of the surrogate mother may also enter into a surrogacy\narrangement but is not required to do so, see section 16.\nsurrogate mother means the woman who has, or is to have, a\nchild or children under a surrogacy arrangement.\nNote for section 3\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n4 Purposes of Act\nThe purposes of this Act are the following:\n(a) to regulate surrogacy arrangements;\n(b) to create offences for conduct related to surrogacy\narrangements in which a payment, reward or other material\nbenefit or advantage is offered or received, other than\npayment or reimbursement for certain reasonable costs;\n(c) to allow the transfer of parentage for a child born under a\nsurrogacy arrangement that meets minimum standards;\n(d) to recognise the status of a child born under a surrogacy\narrangement that meets minimum standards.\n\nPart 1 Preliminary matters\nSurrogacy Act 2022 3\n5 Best interests of child\nThe paramount consideration in respect of the administration and\noperation of this Act is the best interests of any child born under a\nsurrogacy arrangement.\nNote for section 5\nThe best interests of a child include the child's safety and wellbeing and the right\nto know the child's origins.\n6 Guiding principles\nSubject to section 5, the following principles apply to the\nadministration and operation of this Act:\n(a) a woman should be able to make a free and informed decision\nabout whether to be a surrogate mother;\n(b) the parties to a surrogacy arrangement should be protected\nfrom exploitation;\n(c) a surrogate mother should not be financially disadvantaged as\na result of her involvement in a surrogacy arrangement.\n7 Administration and operation\nEach person or body engaged in the administration or operation of\nthis Act must exercise their powers and perform their functions to\ngive effect to sections 5 and 6.\n8 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 8\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n9 Relationship with Status of Children Act 1978\nThe provisions in the Status of Children Act 1978 relating to the\nparentage of a child are not affected by a surrogacy arrangement,\nunless the Local Court makes a parentage order that provides\notherwise.\n\nPart 2 Regulation of surrogacy arrangements\nDivision 1 Enforceability and reasonable costs\nSurrogacy Act 2022 4\n10 Rights of surrogate mother to manage pregnancy and birth\nA surrogate mother has the same rights to manage her pregnancy\nand birth as any other pregnant woman.\nPart 2 Regulation of surrogacy arrangements\nDivision 1 Enforceability and reasonable costs\n11 Enforceability\nSubject to section 12(3), no surrogacy arrangement is enforceable.\n12 Reasonable costs\n(1) A surrogacy arrangement, other than a commercial surrogacy\narrangement, may provide for the payment or reimbursement of the\nreasonable costs associated with the following:\n(a) the surrogate mother trying to become pregnant, being\npregnant and giving birth;\n(b) the surrogate mother and her partner, if any, entering into or\nbeing a party to the surrogacy arrangement;\n(c) the surrogate mother and her partner, if any, being a party to\nproceedings under this Act.\n(2) Without limiting subsection (1), reasonable costs include the\nfollowing:\n(a) reasonable medical expenses incurred by the surrogate\nmother associated with the surrogacy arrangement, whether\nincurred prior to conception, during the pregnancy or because\nof the birth of the child, that are not recoverable under\nMedicare, health insurance or any other scheme;\n(b) reasonable counselling costs incurred by the surrogate mother\nand her partner, if any, associated with the surrogacy\narrangement, including the counselling under sections 22\nand 23 and preparation of the report under section 24;\n(c) reasonable legal costs incurred by the surrogate mother and\nher partner, if any, associated with the surrogacy\narrangement, including the advice under section 20, the\ncertificate under section 21 and the costs associated with\nbeing a party to proceedings under this Act;\n\nPart 2 Regulation of surrogacy arrangements\nDivision 2 Requirements for surrogacy arrangement\nSurrogacy Act 2022 5\n(d) reasonable costs for a child born as a result of the surrogacy\narrangement, including reasonable medical costs for the child;\n(e) reasonable out of pocket costs incurred by the surrogate\nmother associated with the surrogacy arrangement or the\nchild;\n(f) income lost by the surrogate mother caused by being unable\nto work on medical grounds associated with the pregnancy\nand by taking up to 2 months unpaid leave for the birth;\n(g) insurance premiums for health, life or disability insurance for\nthe surrogate mother, or for increasing the cover of an existing\npolicy for the surrogate mother, for the period from entering\ninto the surrogacy arrangement until the surrogate mother's\npostnatal recovery.\nExamples for subsection (2)(e)\nCosts of travel, accommodation, childcare and housekeeping and postnatal\nexpenses.\n(3) A provision in a surrogacy arrangement to provide for the payment\nor reimbursement of reasonable costs allowed under\nsubsections (1) and (2) is enforceable if:\n(a) the cost was incurred; and\n(b) the cost is not recoverable under Medicare, health insurance\nor any other scheme.\nDivision 2 Requirements for surrogacy arrangement\n13 Purpose of Division\nThis Division sets out the requirements that must be met before a\nparentage order may be made in relation to a surrogacy\narrangement.\n14 Form of surrogacy arrangement\n(1) The surrogacy arrangement must be in writing.\n(2) The certificates required under sections 21 and 22(3) must be\nattached to the surrogacy arrangement.\n15 Timing of surrogacy arrangement\nThe surrogacy arrangement must be entered into by the parties\nbefore the surrogate mother becomes pregnant with the child\nexpected under the surrogacy arrangement.\n\nPart 2 Regulation of surrogacy arrangements\nDivision 2 Requirements for surrogacy arrangement\nSurrogacy Act 2022 6\n16 Parties to surrogacy arrangement\nThe surrogacy arrangement must not include any party other than\nthe following:\n(a) the surrogate mother;\n(b) the partner, if any, of the surrogate mother;\n(c) one or 2 intended parents.\n17 Requirements for surrogate mother\nThe surrogate mother must, when she enters into the surrogacy\narrangement:\n(a) be at least 25 years of age, unless the Local Court makes an\nexception under section 34(2) because exceptional\ncircumstances exist to justify her entering into the surrogacy\narrangement; and\n(b) be an Australian citizen or a permanent resident of Australia.\n18 Requirements for intended parent\n(1) Each intended parent must, when they enter into the surrogacy\narrangement:\n(a) be at least 25 years of age, unless the Local Court makes an\nexception under section 34(3) because the intended parent is\nsufficiently mature to understand the implications of the\nparentage order; and\n(b) be an Australian citizen or a permanent resident of Australia.\n(2) If there are 2 intended parents, they must be partners of each other.\n19 Reason for surrogacy arrangement\nThe reason for the intended parent or intended parents entering\ninto the surrogacy must be one of the following:\n(a) the intended parent or intended parents are unlikely for any\nmedical reason to become pregnant, be able to carry a\npregnancy or give birth;\n\nPart 2 Regulation of surrogacy arrangements\nDivision 2 Requirements for surrogacy arrangement\nSurrogacy Act 2022 7\n(b) it is unlikely because of other circumstances that the intended\nparent or intended parents would become pregnant, be able to\ncarry a pregnancy or give birth (whether because of gender\nidentity, sexuality or any other reason).\nExamples for paragraph (a)\n1 A risk of transmission of a serious genetic defect, serious disease or serious\nillness to a child born to an intended parent.\n2 A risk that a woman, who is an intended parent, is unlikely to survive\nchildbirth or will suffer significant harm from childbirth.\n20 Legal advice\n(1) Each party to a surrogacy arrangement must receive legal advice\nfrom a legal practitioner about the surrogacy arrangement and its\nimplications before entering into the surrogacy arrangement.\n(2) The legal advice must include advice on the following matters:\n(a) the unenforceable nature of the arrangement, other than for\nreasonable costs under section 12;\n(b) the party's legal obligations under the arrangement and this\nAct;\n(c) the legal implications if the surrogate mother does not\nrelinquish the child, including whether child support would be\npayable by the child's biological father under the Child Support\n(Assessment) Act 1989 (Cth);\n(d) the legal implications if, after the birth of the child, no birth\nparent or intended parent wants to be permanently\nresponsible for the child's custody and guardianship;\n(e) the legal implications of a parentage order;\n(f) the reasons why the party should be open and honest about\nthe child's birth parentage.\n(3) The legal practitioner providing the advice must be independent of\nany business providing fertility services.\n(4) The intended parents must receive legal advice from a legal\npractitioner who is independent of the one providing legal advice to\nthe surrogate mother and her partner, if any.\n21 Legal certificate\n(1) A person providing legal advice under section 20 must prepare a\ncertificate on that advice and give it to the person advised.\n\nPart 2 Regulation of surrogacy arrangements\nDivision 2 Requirements for surrogacy arrangement\nSurrogacy Act 2022 8\n(2) The certificate must certify the following matters:\n(a) the qualifications of the person giving the legal advice;\n(b) the names of the persons who were given legal advice;\n(c) the day or days when the advice was given;\n(d) that advice was given on the matters listed in section 20(2)\nand whether the recipient of the advice appeared to\nunderstand it.\n22 Counselling before entering into surrogacy arrangement\n(1) Each party to the surrogacy arrangement must undertake\ncounselling about the surrogacy arrangement and its implications\nbefore entering into the surrogacy arrangement.\n(2) The counselling required under subsection (1) may be provided by\nmore than one counsellor.\n(3) A counsellor who provides the counselling must prepare a\ncertificate on the counselling and give it to the person counselled.\n(4) The certificate must certify the following matters:\n(a) the qualifications of the counsellor;\n(b) that the counsellor is independent of any business providing\nfertility services;\n(c) the names of the persons who were counselled;\n(d) the dates of the counselling;\n(e) that counselling on the required matters was provided;\n(f) in the case of a surrogate mother under 25 years of age – that\nexceptional circumstances exist to justify her entering into the\nsurrogacy arrangement;\n(g) in the case of an intended parent under 25 years of age – that\nthe intended parent is sufficiently mature to understand the\nimplications of the surrogacy arrangement.\n23 Counselling after birth of child\n(1) The surrogate mother, her partner, if any, and any other birth parent\nmust undertake counselling about the surrogacy arrangement and\nits social and psychological implications after the birth of the child\nand before consenting to the parentage order.\n\nPart 2 Regulation of surrogacy arrangements\nDivision 2 Requirements for surrogacy arrangement\nSurrogacy Act 2022 9\n(2) The counselling required under this section may be provided by the\nsame counsellor that provided counselling to any of the parties\nbefore they entered into the surrogacy arrangement.\n24 Report for Local Court\n(1) Each party and any birth parent of the child who is not a party to the\nsurrogacy arrangement must submit to an interview by a counsellor\nfor the purpose of a report for the Local Court.\n(2) The interviews must take place after the birth of a child under the\nsurrogacy arrangement but before any application is made for a\nparentage order.\n(3) The counsellor must prepare a report on the interviews that states\nthe following matters:\n(a) the qualifications of the counsellor;\n(b) that the counsellor is independent of any business providing\nfertility services;\n(c) the names of the persons who were counselled;\n(d) the dates of the counselling;\n(e) the counsellor's opinion on the best interests of the child born\nunder the surrogacy arrangement and the grounds for that\nopinion.\n(4) The counsellor's report may include the counsellor's opinion on the\nfollowing matters:\n(a) each person's understanding of the social and psychological\nimplications of a parentage order on themselves and the child;\n(b) each person's level of acceptance that openness and honesty\nabout the child's birth parentage is in the best interests of the\nchild;\n(c) the arrangements that the intended parent or intended parents\npropose for the care and nurture of the child;\n(d) any other matter relevant to the wellbeing of the child.\n(5) The counsellor, under this section, must not have provided any\nprevious counselling to the parties.\n(6) A copy of the report must be given to each person interviewed\nbefore an application is made for a parentage order.\n\nPart 3 Parentage orders\nDivision 1 Application for parentage order\nSurrogacy Act 2022 10\n25 Requirements related to counsellors\n(1) A counsellor must be:\n(a) a member, or a person eligible for full membership, of the\nAustralian and New Zealand Infertility Counsellors\nAssociation; or\n(b) a person with other qualifications prescribed by regulation.\n(2) A counsellor must be independent of any business providing fertility\nservices.\n(3) The counselling provided by a counsellor must be consistent with\nany guidelines relevant to surrogacy, in effect as of the time of the\ncounselling, issued by:\n(a) the Australian and New Zealand Infertility Counsellors\nAssociation; and\n(b) the National Health and Medical Research Council.\nPart 3 Parentage orders\nDivision 1 Application for parentage order\n26 Application for parentage order\n(1) The intended parent or intended parents of a child may apply to the\nLocal Court for a parentage order.\n(2) An application for a parentage order must be made:\n(a) no earlier than 30 days after the birth of the child; and\n(b) no later than 180 days after the birth of the child, unless the\nLocal Court is satisfied that there are exceptional\ncircumstances to justify a later application.\n(3) If there are 2 intended parents in the surrogacy arrangement, the\napplication must be made by both intended parents jointly unless:\n(a) they are no longer partners; or\n(b) one of them has died; or\n(c) one of them does not have the legal capacity to make\ndecisions in relation to the proceedings; or\n\nPart 3 Parentage orders\nDivision 1 Application for parentage order\nSurrogacy Act 2022 11\n(d) one of them cannot be located after reasonable efforts to do\nso; or\n(e) the Local Court is satisfied that there are exceptional\ncircumstances to justify an application by only one intended\nparent.\n(4) If the intended parents are no longer partners:\n(a) each intended parent may apply separately for a parentage\norder instead of jointly; and\n(b) if both intended parents do apply separately – the applications\nmust be heard together.\n(5) Notice of the application must be served on:\n(a) every other party to the surrogacy arrangement; and\n(b) any birth parent of the child who is not a party to the surrogacy\narrangement.\n27 Residence of child\nNeither an application for a parentage order nor a parentage order\nmay be made unless the child born under the surrogacy\narrangement resides with at least one intended parent at the time of\nboth the application and the making of the parentage order.\n28 Contents of application\nThe application must include the following:\n(a) a copy of the surrogacy arrangement, including the certificates\nrequired under sections 21 and 22(3);\n(b) the report from the counsellor required under section 24;\n(c) a certified copy of the birth certificate of the child born under\nthe surrogacy arrangement.\n29 Separate legal representation of child\n(1) The Local Court may, if it considers it appropriate:\n(a) order that a child who is the subject of a proceeding under this\nAct have separate legal representation in the proceeding; and\n(b) make any ancillary order for that purpose.\n\nPart 3 Parentage orders\nDivision 2 Making parentage order\nSurrogacy Act 2022 12\n(2) A legal practitioner representing a child in proceedings under this\nAct must act in the best interests of the child, having regard to any\nevidence reasonably available to the practitioner.\n30 Multiple children\n(1) This section applies to proceedings for a parentage order if 2 or\nmore children are born under the surrogacy arrangement.\n(2) The application for the parentage order must include all the children\nalive at the time of the application.\n(3) If a parentage order is to be made for one child, a separate\nparentage order must be made for each other child transferring\nparentage to the same intended parent or intended parents, unless\nthe Local Court considers it not to be in the best interests of the\nchildren.\nDivision 2 Making parentage order\n31 Purpose of parentage order\nThe purpose of a parentage order is to transfer the parentage of a\nchild born under a surrogacy arrangement to the intended parent or\nintended parents if the requirements of this Act are met.\n32 Consent\n(1) Subject to this section, each party and any birth parent of the child\nwho is not a party to the surrogacy arrangement must consent to\nthe making of a parentage order.\n(2) The Local Court may dispense with the consent of an intended\nparent only if:\n(a) the person has died; or\n(b) the person does not have legal capacity to consent; or\n(c) the person cannot be located after reasonable efforts to do so;\nor\n(d) the person is no longer a partner of the applicant and\ndispensing with consent in the circumstances is in the best\ninterests of the child.\n\nPart 3 Parentage orders\nDivision 2 Making parentage order\nSurrogacy Act 2022 13\n(3) The Local Court may dispense with the consent of a surrogate\nmother only if:\n(a) the child is living with an intended parent who is an applicant;\nand\n(b) one of the following circumstances exist:\n(i) the person has died;\n(ii) the person does not have legal capacity to consent;\n(iii) the person cannot be located after reasonable efforts to\ndo so; and\n(c) dispensing with consent in the circumstances is in the best\ninterests of the child.\n(4) The Local Court may dispense with the consent of a partner of the\nsurrogate mother or a birth parent of the child who is not a party to\nthe surrogacy arrangement only if:\n(a) the child is living with an intended parent who is an applicant;\nand\n(b) the Local Court is satisfied that:\n(i) the person has died; or\n(ii) the person does not have legal capacity to consent; or\n(iii) the person cannot be located after reasonable efforts to\ndo so; or\n(iv) dispensing with consent in the circumstances is in the\nbest interests of the child.\n33 Residence of each applicant\n(1) A parentage order must not be made unless each applicant resides\nin the Territory at the time of the hearing of the application.\n(2) Despite subsection (1), the Local Court may dispense with the\nrequirement that an applicant reside in the Territory in exceptional\ncircumstances.\n\nPart 3 Parentage orders\nDivision 2 Making parentage order\nSurrogacy Act 2022 14\n34 Making parentage order\n(1) The Local Court may make a parentage order if satisfied of the\nfollowing:\n(a) the surrogacy arrangement is not a commercial surrogacy\narrangement;\n(b) the requirements of Part 2, Division 2 are met;\n(c) the place of residence of the child required under section 27;\n(d) the consents required under section 32 were given or\ndispensed with;\n(e) the place of residence of each applicant required under\nsection 33;\n(f) the parentage order is in the best interests of the child.\n(2) In the case of a surrogate mother who was under 25 years of age\nwhen entering into the surrogacy arrangement, the Local Court may\nmake a parentage order if:\n(a) the surrogate mother was at least 18 years of age when she\nentered into surrogacy arrangement; and\n(b) the counsellor's certificate required under section 22(3)\ncertified that exceptional circumstances existed to justify the\nsurrogate mother entering into the surrogacy arrangement;\nand\n(c) the Local Court is satisfied that exceptional circumstances\nexist to justify making the parentage order.\n(3) In the case of an intended parent who was under 25 years of age\nwhen entering into the surrogacy arrangement, the Local Court may\nmake a parentage order if:\n(a) the intended parent was at least 18 years of age when the\nintended parent entered into the surrogacy arrangement; and\n(b) the counsellor's certificate required under section 22(3)\ncertified that the intended parent was sufficiently mature to\nunderstand the implications of the surrogacy arrangement;\nand\n(c) the Local Court is satisfied that the intended parent is\nsufficiently mature to understand the implications of the\nparentage order.\n\nPart 3 Parentage orders\nDivision 3 Effect of parentage order\nSurrogacy Act 2022 15\n35 Contents of parentage order\nA parentage order must provide for the following matters in relation\nto a child born under the surrogacy arrangement:\n(a) the transfer of the parentage of the child to the intended\nparent or intended parents;\n(b) the date of the order;\n(c) the full name and address of the surrogate mother and any\nother birth parent;\n(d) the full name, address and occupation of the intended parent\nor intended parents;\n(e) the names by which the child was known before, and is to be\nknown after, the order is made;\n(f) the date and place of birth of the child;\n(g) any consequential or ancillary matters.\n36 Child's names\n(1) The names by which the child is to be known, are as specified in a\nparentage order.\n(2) To avoid doubt, the determination of the names of a child in a\nparentage order does not prevent them being changed later under\nthe Births, Deaths and Marriages Registration Act 1996 or other\napplicable law.\n(3) A name by which the child is to be known must not be a prohibited\nname, as defined in section 4 of the Births, Deaths and Marriages\nRegistration Act 1996.\nDivision 3 Effect of parentage order\n37 Effect of parentage order\n(1) This section provides for the effect of a parentage order made in\nrelation to a child.\n(2) On and from the date the parentage order is made:\n(a) the child becomes the child of the intended parent or intended\nparents; and\n\nPart 3 Parentage orders\nDivision 3 Effect of parentage order\nSurrogacy Act 2022 16\n(b) the intended parent or intended parents become the parent or\nparents of the child; and\n(c) the child is no longer the child of the surrogate mother and any\nother birth parent; and\n(d) the surrogate mother and any other birth parent are no longer\nthe parent or parents of the child.\n(3) The relationships between the child and all other persons are\ndetermined in accordance with subsection (2).\n(4) Any disposition or devolution of property dependent on the\nrelationship between the child and another person is determined in\naccordance with subsections (2) and (3).\n(5) A person may vary an instrument disposing of property, made\nbefore a parentage order, to exclude a child who is the subject of\nthe parentage order.\n(6) Nothing in this Act affects the operation of a provision in a will or\nother instrument distinguishing between a child who is the subject\nof a parentage order and other children.\n38 Duty of trustee and personal representative\n(1) Subject to this section, a trustee or other personal representative\nmay convey, transfer or distribute real or personal property to the\npersons appearing to be entitled to the property without\nascertaining whether a parentage order is in effect.\n(2) A trustee or personal representative conveying, transferring or\ndistributing real or personal property is not liable to a person\nclaiming directly or indirectly by virtue of a parentage order, unless\nthe trustee or personal representative has notice of the claim before\nthe time of the conveyance, transfer or distribution.\n(3) Nothing in this section prejudices the right of a person to follow\nproperty into the hands of a person who received it, other than a\npurchaser for value without notice of the claim.\n39 Sexual offence – familial relationship\n(1) For the purpose of applying a law relating to a sexual offence for\nwhich a familial relationship is relevant, a child who is the subject of\na parentage order is taken to have the familial relationships that\nexisted before the parentage order as well as the familial\nrelationships that resulted from the parentage order.\n\nPart 3 Parentage orders\nDivision 4 Revocation of parentage order\nSurrogacy Act 2022 17\n(2) Subsection (1) is not affected by any revocation of a parentage\norder.\n(3) In this section:\nsexual offence, see section 3 of the Sexual Offences (Evidence\nand Procedure) Act 1983.\nDivision 4 Revocation of parentage order\n40 Application to revoke parentage order\n(1) The following persons may apply to the Local Court to revoke a\nparentage order relating to a child:\n(a) the surrogate mother;\n(b) any other birth parent;\n(c) if 18 years of age or older – the child;\n(d) a parent, who was formerly an intended parent;\n(e) the Attorney-General.\n(2) The application may be made on any of the following grounds:\n(a) the parentage order was obtained by fraud, duress or other\nimproper means;\n(b) a consent to the parentage order was:\n(i) not given freely and voluntarily; or\n(ii) given in return for a payment, reward or other material\nbenefit or advantage;\n(c) there are exceptional circumstances to justify revoking the\nparentage order.\n(3) Notice of the application must be served on the other persons\nreferred to in subsection (1), unless the court dispenses with\nservice for a person who is dead or cannot be located after making\nreasonable enquiries.\n41 Revocation of parentage order\n(1) The Local Court may, by order, revoke a parentage order relating to\na child if satisfied that:\n(a) any of the grounds required under section 40(2) exist; and\n\nPart 3 Parentage orders\nDivision 5 Procedural and other matters\nSurrogacy Act 2022 18\n(b) the revocation is in the best interest of the child.\n(2) An order of the Local Court revoking a parentage order relating to a\nchild may also provide for:\n(a) subject to section 36(3), the name of the child; and\n(b) any consequential or ancillary matters.\n42 Effect of revocation of parentage order\n(1) This section provides for the effect of an order revoking a parentage\norder made in relation to a child.\n(2) On and from the date the order is made, the rights, privileges,\nduties, liabilities and relationships of the child under the law of the\nTerritory and of all other persons are to be determined as if the\nparentage order had not been made.\n(3) Subject to the terms of the order, subsection (2) does not affect:\n(a) anything lawfully done under the parentage order or while the\nparentage order was in force; or\n(b) any right, privilege, duty or liability that vested while the\nparentage order was in effect.\n(4) Nothing in this section prevents the name of the child being\nsubsequently changed under the Births, Deaths and Marriages\nRegistration Act 1996 or other applicable law.\nDivision 5 Procedural and other matters\n43 Procedure for applications\nAn application for a parentage order or its revocation must comply\nwith any rules or practice directions of the Local Court applicable to\nthe application.\n44 Closed proceedings\n(1) Proceedings under this Act must not be heard in open court.\n(2) Anyone who is not one of the following persons must be excluded\nfrom the proceedings, unless the court orders otherwise:\n(a) a child who is the subject of the application;\n(b) a party to the proceedings;\n\nPart 3 Parentage orders\nDivision 5 Procedural and other matters\nSurrogacy Act 2022 19\n(c) a party to the surrogacy arrangement;\n(d) a legal practitioner representing a person referred to in\nparagraphs (a) to (c);\n(e) a witness giving evidence.\n45 Appeals\n(1) A parentage order may not be appealed.\nNote for subsection (1)\nWhile a parentage order is final, it can be revoked under section 41.\n(2) A decision to refuse to make a parentage order may be appealed to\nthe Supreme Court by the following persons:\n(a) the surrogate mother;\n(b) an intended parent.\n(3) A decision to revoke a parentage order or to refuse to revoke a\nparentage order may be appealed to the Supreme Court by the\nfollowing persons:\n(a) the surrogate mother;\n(b) any other birth parent;\n(c) if 18 years of age or older – the child;\n(d) an intended parent;\n(e) in the case of an appeal of a decision in relation to an\napplication to revoke a parentage order made by the\nAttorney-General – the Attorney-General.\n(4) An appeal referred to in subsection (2) or (3) is of right and is to be\nby way of rehearing.\n46 Notice to Registrar of Births, Deaths and Marriages\n(1) A registrar of the Local Court must give the Registrar of Births,\nDeaths and Marriages, appointed under the Births, Deaths and\nMarriages Registration Act 1996, a copy of the following orders as\nsoon as practicable after it is made:\n(a) a parentage order;\n(b) an order revoking a parentage order.\n\nPart 3 Parentage orders\nDivision 5 Procedural and other matters\nSurrogacy Act 2022 20\n(2) When giving a copy of a parentage order, the registrar of the Local\nCourt must attach a written notice with the following information:\n(a) if known – the identity of any person, other than the surrogate\nmother or an intended parent, who donated human\nreproductive material resulting in the birth of the child;\n(b) any other information prescribed by regulation.\n(3) If the child who is the subject of an order referred to in\nsubsection (1) was born in a State or another Territory, the registrar\nof the Local Court must also give a copy of the order and the notice\nreferred to in subsection (2) to the person responsible for\nregistering births in the State or other Territory.\n47 Access to court records\n(1) Subject to this section, a person must not have access to the record\nof proceedings under this Act in relation to a child born under a\nsurrogacy arrangement unless the court, on application by the\nperson, approves the access.\n(2) The parties to an application to revoke a parentage order or an\nappeal may have access to the record of proceedings for the\npurposes of the application or appeal without the approval of the\ncourt.\n(3) The court may approve access to all or part of the record of\nproceedings to the following persons on application:\n(a) if the child is 18 years of age or older – the child;\n(b) if the child is under 18 years of age – the child with the\nconsent of a person with parental responsibility;\n(c) the surrogate mother;\n(d) any other birth parent;\n(e) an intended parent;\n(f) the Attorney-General.\n(4) This section prevails to the extent of any inconsistency with any\nother law of the Territory.\n\nPart 4 Offences\nSurrogacy Act 2022 21\nPart 4 Offences\n48 Offering or making commercial surrogacy arrangement\nA person commits an offence if:\n(a) the person intentionally enters into, or intentionally offers to\nenter into, an arrangement; and\n(b) the arrangement is a surrogacy arrangement; and\n(c) under the surrogacy arrangement:\n(i) a person is offered or is to receive a payment, reward or\nother material benefit or advantage, other than\nreasonable costs allowed under section 12; and\n(ii) the payment, reward or other material benefit or\nadvantage is for the person or another person doing one\nor more of the following:\n(A) agreeing to enter into, or entering into, the\nsurrogacy arrangement;\n(B) permanently relinquishing custody of a child born\nunder the surrogacy arrangement;\n(C) consenting to the making of a parentage order for a\nchild born under the surrogacy arrangement; and\n(d) the person has knowledge of the circumstances in\nparagraphs (b) and (c).\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n49 Offering or providing assistance to enter into surrogacy\narrangement\n(1) A person commits an offence if:\n(a) the person intentionally provides services or intentionally\noffers services; and\n(b) the services consist of assistance for another person to enter\ninto a surrogacy arrangement; and\n(c) the person has knowledge of the circumstance specified in\nparagraph (b); and\n\nPart 4 Offences\nSurrogacy Act 2022 22\n(d) the person is not a legal practitioner representing a person\nseeking legal assistance in relation to the surrogacy\narrangement; and\n(e) the person asks to receive or receives payment, reward or\nother material benefit or advantage for the conduct specified in\nparagraph (a).\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\nExamples for subsection (1)(b)\n1 Introducing people who are looking to enter into a surrogacy arrangement.\n2 Arranging a surrogacy arrangement or negotiating a surrogacy arrangement.\n(2) Strict liability applies to subsection (1)(d) and (e).\n50 Advertising commercial surrogacy arrangement\nA person commits an offence if:\n(a) the person intentionally publishes information; and\n(b) the information:\n(i) purports to seek another person to enter into a\ncommercial surrogacy arrangement; or\n(ii) states or implies that a person is willing to enter into a\ncommercial surrogacy arrangement; and\n(c) the person is reckless in relation to the circumstance specified\nin paragraph (b).\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n51 Fertility services for commercial surrogacy arrangement\nA person commits an offence if:\n(a) the person intentionally provides services or intentionally\noffers services; and\n(b) the services consist of assistance for a woman to become\npregnant; and\n\nPart 4 Offences\nSurrogacy Act 2022 23\n(c) the services are provided or offered to another person who:\n(i) is a party to a commercial surrogacy arrangement; or\n(ii) is expected to be a party to a commercial surrogacy\narrangement; and\n(d) the person has knowledge of the circumstances specified in\nparagraphs (b) and (c).\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n52 Offence to publish identifying information\n(1) A person commits an offence if:\n(a) the person intentionally publishes information; and\n(b) the information identifies, or is likely to lead to the identification\nof, any of the following:\n(i) a child born under a surrogacy arrangement;\n(ii) a child who is the subject of an application for a\nparentage order;\n(iii) a party to a surrogacy arrangement;\n(iv) a party to a proceeding under this Act;\n(v) a person whose consent is required for a surrogacy\narrangement or a parentage order; and\n(c) the person is reckless in relation to the result specified in\nparagraph (b).\nMaximum penalty: 100 penalty units or imprisonment for\n12 months.\n(2) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has written consent to publish\ninformation identifying the person from:\n(a) the person identified; or\n\nPart 4 Offences\nSurrogacy Act 2022 24\n(b) in the case of a person who is under 18 years of age – the\nperson with parental responsibility for the person identified.\nNote for subsection (2)\nThe defendant has an evidential burden in relation to the matters required under\nthis subsection (see section 43BU of the Criminal Code).\nNote for section 52\nIn addition to the circumstances specified in this section, a person who discloses\ninformation specified in this section will not be criminally responsible for an\noffence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\n53 Offence to disclose certain information\n(1) A person commits an offence if:\n(a) the person obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; and\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the\ninformation; and\n(e) the person is reckless in relation to the result and\ncircumstance referred to in paragraph (d).\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n\nPart 5 Miscellaneous\nSurrogacy Act 2022 25\n(3) If the information referred to in subsection (1) relates to a person, it\nis a defence to a prosecution for an offence against that subsection\nif the person has consented to the disclosure of the information.\nNote for subsection (3)\nThe defendant has an evidential burden in relation to the matters required under\nthis subsection (see section 43BU of the Criminal Code).\nNote for section 53\nIn addition to the circumstances specified in this section, a person who discloses\ninformation specified in this section will not be criminally responsible for an\noffence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\n54 Prosecutions\nA prosecution for an offence against this Act must not be\ncommenced without the consent of the Director of Public\nProsecutions.\nPart 5 Miscellaneous\n55 Regulations\n(1) The Administrator may make regulations under this Act.\nNote for subsection (1)\nSee section 65 of the Interpretation Act 1978.\n(2) The regulations may apply, adopt or incorporate (with or without\nchanges) the whole or part of a document as in force or existing at\na particular time or from time to time.\n56 Review of Act\n(1) The Minister must review this Act to determine whether its purposes\nremain valid and whether its provisions remain appropriate for\nachieving those purposes.\n(2) The review must be undertaken as soon as possible after 5 years\nfrom the commencement of this Act.\n(3) A report on the outcome of the review must be tabled in the\nAssembly within 6 years from the commencement of this Act.\n\nPart 6 Transitional provisions\nSurrogacy Act 2022 26\nPart 6 Transitional provisions\n57 Prior surrogacy arrangements\n(1) Subject to subsection (2), a parentage order may be made in\nrelation to a surrogacy arrangement entered into before the\ncommencement.\n(2) The provisions of this Act apply in relation to the surrogacy\narrangement and any subsequent parentage order, subject to the\nfollowing:\n(a) the surrogacy arrangement is not required to comply with\nsection 14;\n(b) no legal advice or certificate is required to be given in\naccordance with sections 20 and 21;\n(c) no counselling is required to be given in accordance with\nsections 22 and 23;\n(d) a surrogate mother may be under 25 years of age, contrary to\nsection 17(a), if at least 18 years of age at the time the\nsurrogacy arrangement was entered into;\n(e) an intended parent may be under 25 years of age, contrary to\nby section 18(1)(a), if at least 18 years of age at the time the\nsurrogacy arrangement was entered into;\n(f) the application for the parentage order may be made later\nthan 180 days after the birth of the child, contrary to\nsection 26(2)(b), if made within 2 years from the\ncommencement or such longer period as the Local Court may\nallow in exceptional circumstances.\n(3) In this section:\ncommencement means the commencement of section 2.\n\nENDNOTES\nSurrogacy Act 2022 27\nENDNOTES\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nSurrogacy Act 2022 (Act No. 8, 2022)\nAssent date 26 May 2022\nCommenced 21 December2022 (Gaz S66, 20 December 2022)\n3 LIST OF AMENDMENTS\npt 7 hdg rep No. 8, 2022, s 77\npt 7\ndiv 1 hdg rep No. 8, 2022, s 77\nss 58 – 59 rep No. 8, 2022, s 77\npt 7\ndiv 2 hdg rep No. 8, 2022, s 77\nss 60 – 61 rep No. 8, 2022, s 77\npt 7\ndiv 3 hdg rep No. 8, 2022, s 77\nss 62 – 64 rep No. 8, 2022, s 77\npt 7\ndiv 4 hdg rep No. 8, 2022, s 77\nss 65 – 66 rep No. 8, 2022, s 77\npt 7\ndiv 5 hdg rep No. 8, 2022, s 77\nss 67 – 68 rep No. 8, 2022, s 77\npt 7\ndiv 6 hdg rep No. 8, 2022, s 77\nss 69 – 70 rep No. 8, 2022, s 77\npt 7\ndiv 7 hdg rep No. 8, 2022, s 77\nss 71 – 76 rep No. 8, 2022, s 77\npt 7\ndiv 8 hdg rep No. 8, 2022, s 77\ns 77 rep No. 8, 2022, s 77","sortOrder":0}],"analysis":{"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":false,"description":"The Act implements a comprehensive regulatory framework that aligns with its stated purposes in section 4 (regulate surrogacy, prohibit commercial arrangements, enable transfer of parentage and recognise children's status). The provisions remain within that original scope: they specify eligibility, procedural safeguards, offences and transitional arrangements. The Act does not expand into unrelated subject matter; it narrows permitted commercial activity and creates court procedures and confidentiality protections consistent with its regulatory aim."},"complexity_factors":["Multiple defined terms in the interpretation section (section 3 defines key terms used throughout).","Numerous cross‑references to external statutes (Criminal Code Part IIAA (s8), Status of Children Act 1978 (s9), Child Support (Assessment) Act 1989 (s20(2)(c) note), Births, Deaths and Marriages Registration Act 1996 (ss36(3),46), Sexual Offences (Evidence and Procedure) Act 1983 (s39)).","Detailed conditional eligibility criteria and exceptions (age/residency minimums with court exceptions in ss17–18, 26, 32–34).","Multiple procedural requirements and documentary steps (written agreement, legal certificates, pre‑ and post‑birth counselling certificates, counsellor’s court report) across Part 2 (ss14,20–25).","Time limits and residence rules for applications (application window 30–180 days (s26), residence of child requirement (s27), applicant residence requirement with court exception (s33)).","Complex consent and dispensation regime with separate tests for surrogate mother, intended parents and other birth parents (s32 with multiple subparagraphs).","Criminal provisions with mixed fault elements and some strict liability aspects (offences in Part 4, with strict liability stated to apply to certain subsections—e.g. s49(2), s53(2)).","Confidentiality and closed‑court rules with limited access to records and criminal penalties for disclosure (ss44,47,52–53).","Transitional provisions that carve out exceptions for existing prior arrangements (s57), increasing interpretive complexity for older agreements.","Broad regulatory delegation to make regulations and adopt external documents (s55), allowing further rulemaking outside the Act text."],"plain_english_summary":"**What this Act does (mechanics)**\n\n- Sets out a legal framework for surrogacy in the Northern Territory: what counts as a surrogacy arrangement, what steps parties must take before and after birth, how and when a court can transfer legal parentage, and which behaviours are criminal (Parts 2–4, Part 3).  Key statutory purposes are to regulate surrogacy, prohibit commercial surrogacy, enable transfer of parentage where minimum standards are met, and recognise the status of children born under qualifying arrangements (section 4).\n\n- Makes ordinary surrogacy agreements unenforceable except for payment or reimbursement of specified \"reasonable costs\" (section 11; section 12 lists permitted categories such as medical, counselling, legal costs, some lost income and insurance).  Payments beyond those permitted are treated as commercial and attract criminal penalties (section 48).\n\n- Requires formal pre‑agreement steps before a parentage order can be obtained: the surrogacy arrangement must be written and signed before the surrogate becomes pregnant (sections 14–15); every party must obtain independent legal advice and a legal certificate (sections 20–21); each party must receive counselling and obtain counselling certificates (sections 22–25); and a post‑birth counsellor’s report must be prepared for the Local Court (section 24).\n\n- Provides a defined, time‑limited court pathway to transfer legal parentage (a \"parentage order\"). Intended parents must apply to the Local Court between 30 and 180 days after birth (with limited exceptions) and the child must be living with at least one intended parent when the application and order are made (sections 26–27). The Local Court may make a parentage order if statutory requirements and best‑interests tests are met (sections 31–34).\n\n- Protects the surrogate mother’s autonomy over pregnancy and birth: the surrogate keeps the same pregnancy and birth rights as any other pregnant woman (section 10), and the court can only dispense with surrogate consent in limited circumstances and only if doing so is in the child’s best interests (section 32(3)).\n\n- Creates criminal offences for entering into, assisting, advertising or providing fertility services for commercial surrogacy arrangements, and for improperly publishing or disclosing identifying or confidential information about parties/children (sections 48–53). Prosecutions require consent of the Director of Public Prosecutions (section 54).\n\n- Provides procedural safeguards: closed court proceedings for surrogacy matters (section 44), restricted access to court records (section 47), and mandatory notice of parentage orders to the Registrar of Births, Deaths and Marriages with prescribed information (section 46).\n\n**Who is affected**\n\n- Surrogate mothers and their partners (if any): subject to age, residency and counselling/legal‑advice requirements (sections 17, 20–25) but retain pregnancy and birth autonomy (section 10).\n\n- Intended parents: must meet age and residency tests, obtain independent legal advice, meet the reasons‑for‑surrogacy criteria (e.g. medical inability to carry a pregnancy or other circumstances) and satisfy the Local Court that parentage transfer is in the child’s best interests (sections 18, 19, 20, 26, 34).\n\n- Counsellors and legal practitioners: must be independent of fertility providers and meet qualification/independence rules (sections 20(3), 21, 22(3), 24(5), 25).\n\n- Fertility clinics and intermediary businesses: the Act criminalises assisting or providing fertility services for commercial surrogacy (sections 49, 51) and advertising commercial surrogacy (section 50), which constrains commercial intermediation.\n\n- Courts and registrars: the Local Court decides parentage orders and exceptions (sections 26, 32–34); registrars must notify birth registration authorities (section 46).\n\n**Why it matters (official rationale, then operational testing)**\n\n- Officially: the Act says its main purposes are to regulate surrogacy, prohibit commercial surrogacy while allowing reimbursement of reasonable costs, transfer parentage where minimum safeguards are met, and recognise the legal status of children born under compliant arrangements (section 4).\n\n- Testing the official aims against practical effects and trade‑offs:\n  - Costs and who pays: Intended parents will generally bear the costs of lawful reimbursements listed in section 12 (medical, counselling, legal, limited lost income, insurance). The Act makes those reimbursements enforceable (section 12(3)), but prohibits additional payments that would make the arrangement \"commercial\" (section 48). This concentrates financial obligations on intended parents while denying a legal market for paid surrogacy services.\n  - Incentives and substitution effects: By criminalising commercial surrogacy assistance, advertising and related fertility services (sections 48–51), the Act reduces scope for commercial intermediaries within the Territory. That prohibition is likely to reduce supply of paid intermediary services locally and may incentivise parties to seek arrangements outside the Territory or to structure payments as \"reasonable costs\"; the Act attempts to guard against this by defining and limiting reasonable costs (section 12). Enforcement discretion (DPP consent required—section 54) may affect how vigorously those offences are policed.\n  - Compliance and administrative burden: The framework requires multiple formal steps and documents (written agreement, independent legal advice and certificate, pre‑ and post‑birth counselling and certificates, counsellor report to the court) (sections 14, 20–24). These create transaction costs for parties and demand for qualifying counsellors and independent lawyers (section 25). Independent practitioner requirements (sections 20(3), 22(4), 24(5), 25(2)) limit choice of providers.\n  - Judicial discretion and implementation risk: The Local Court holds significant discretion to dispense with consent, make exceptions for applicants under 25, and waive residency or time limits in exceptional circumstances (sections 32–34, 26(2)). That discretion focuses decision power in the court and creates case‑by‑case variability.\n  - Privacy and speech limits: The Act criminalises publishing identifying information about parties and children and restricts disclosure of confidential information obtained during administration of the Act (sections 52–53). Those provisions constrain public disclosure and media reporting unless written consent or other legal excuse exists (section 52(2); notes on legal defences in sections 52–53).\n  - Risks of concentrated benefits and diffuse costs: The Act gives intended parents a clear legal route to acquire parentage (benefit concentrated), while compliance costs are dispersed across parties (surrogates, intended parents) and reduce the business model for intermediaries and some fertility service providers (costs concentrated on those businesses). The Act itself does not create payments to any private actor beyond reimbursement; it instead limits commercial profit‑making in surrogacy (sections 4, 12, 48–51).\n\n**Immediate practical effects to expect**\n\n- A regulated, court‑supervised pathway for transferring parentage for qualifying surrogacy arrangements (Part 3).\n- A prohibition on commercial surrogacy and associated services within the Territory (Part 4). Fertility clinics, agencies or individuals who charge for arranging or facilitating commercial surrogacy may be criminally liable (sections 48–51).\n- Ongoing demand for independent legal advisers and qualified, independent counsellors who meet the Act’s requirements (sections 20–25).\n- Strong confidentiality and privacy protections for parties and children, backed by criminal penalties and closed court proceedings (sections 44, 47, 52–53).\n\n**Key procedural limits and timelines**\n\n- Surrogacy agreement must be written and executed before pregnancy (sections 14–15).\n- Parentage order application window: not earlier than 30 days and normally not later than 180 days after birth (section 26), with narrow exceptions.\n- Parentage orders and revocations are governed by best‑interests tests and specific grounds (sections 31, 40–41)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated purposes in section 4: regulating surrogacy arrangements, creating offences for commercial surrogacy, allowing transfer of parentage for compliant arrangements, and recognising the status of children born through surrogacy. The scope has not expanded beyond these four core purposes."},"complexity_factors":["Multiple conditional exceptions throughout (e.g., age requirements can be waived if 'exceptional circumstances' exist or if person is 'sufficiently mature')","Strict timing windows for applications (30-180 days after birth, with exceptions)","Layered consent requirements with dispensations (court can dispense with consent if person is dead, lacks capacity, cannot be located, or in 'best interests of the child')","Cross-references to Criminal Code for offence provisions and general principles of criminal responsibility","Interaction with Status of Children Act 1978 and Births, Deaths and Marriages Registration Act 1996","Detailed definition of 'reasonable costs' with 7 specific categories plus examples","Transitional provisions creating parallel regimes for pre-commencement arrangements (relaxed requirements for existing arrangements)","Multiple offence provisions with varying mental states (intention, knowledge, recklessness, strict liability)","Closed court proceedings and restricted access to records with specific exceptions"],"plain_english_summary":"This is the Northern Territory's law that sets up 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 expenses.\n\n**What it does:**\n- **Regulates surrogacy arrangements**: Sets strict rules about who can be a surrogate (must be at least 25 and an Australian citizen/permanent resident, unless a court makes an exception) and who can be an intended parent (same requirements, and if there are two, they must be partners).\n- **Bans commercial surrogacy**: Makes it a criminal offence to pay for surrogacy beyond reasonable costs (medical expenses, legal fees, counselling, lost income up to 2 months, etc.). Advertising or brokering commercial surrogacy is also illegal.\n- **Creates a court process for transferring parentage**: After the baby is born, the intended parents can apply to the Local Court for a **parentage order** — a legal document that transfers legal parenthood from the birth mother to the intended parents. This can only happen between 30 days and 6 months after birth (with exceptions), and only if everyone consents and the court thinks it's in the child's best interests.\n- **Protects the surrogate mother's rights**: She keeps full control over her pregnancy and birth. She can also change her mind about giving up the baby, since surrogacy agreements aren't legally enforceable (except for reimbursement of reasonable costs).\n- **Requires counselling and legal advice**: Everyone involved must get independent legal advice and counselling before entering the arrangement, and more counselling after the birth. A counsellor must prepare a report for the court.\n- **Protects privacy**: Court proceedings are closed to the public, and it's an offence to publish identifying information about anyone involved.\n\n**Who it affects:**\n- Women considering becoming surrogates in the NT\n- People (singles or couples) who cannot carry a pregnancy themselves and want to use a surrogate\n- Fertility clinics, lawyers, and counsellors working in this area\n- Children born through surrogacy in the NT\n\n**Why it matters:**\nBefore this law, surrogacy in the NT existed in a legal grey area. This Act gives intended parents a clear path to become the legal parents of their child, while protecting surrogates from exploitation and ensuring the child's welfare is the top priority. It also draws a hard line against \"womb for hire\" commercial surrogacy, which is illegal across Australia."}},"importantCases":[],"_links":{"self":"/api/acts/surrogacy-act-2022","history":"/api/acts/surrogacy-act-2022/history","analysis":"/api/acts/surrogacy-act-2022/analysis","conflicts":"/api/acts/surrogacy-act-2022/conflicts","importantCases":"/api/acts/surrogacy-act-2022/important-cases","documents":"/api/acts/surrogacy-act-2022/documents"}}