{"id":"nsw:sl-2016-0464","name":"Surrogacy Regulation 2016","slug":"surrogacy-regulation-2016","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"464 of 2016","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177436,"registerId":"nsw-nsw:sl-2016-0464-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Surrogacy Regulation 2016](/view/html/inforce/current/sl-2016-0464).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on the day on which it is published on the NSW legislation website.\n> \n> Note.\n> \n> This Regulation repeals and replaces the [Surrogacy Regulation 2011](/view/html/repealed/current/sl-2011-0054), which would otherwise be repealed on 1 September 2016 by section 10 (2) of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Surrogacy Act 2010](/view/html/inforce/current/act-2010-102).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.\n> \n> **cl 3:** Am 2025 (464), Sch 1\\[1\\].","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Interstate parentage orders","content":"#### 4 Interstate parentage orders\n\n4 Interstate parentage orders\n\n> Each of the following orders is declared to be an Interstate parentage order under section 4 (1) of the Act—\n> \n> > (a) an order under section 26 of the Parentage Act 2004 of the Australian Capital Territory,\n> \n> > (b) an order under section 22 of the Surrogacy Act 2010 of Queensland,\n> \n> > (c) an order under section 10HB of the Family Relationships Act 1975 of South Australia,\n> \n> > (d) an order under section 16 or 22 of the Surrogacy Act 2012 of Tasmania,\n> \n> > (e) an order under section 22 of the Status of Children Act 1974 of Victoria,\n> \n> > (f) an order under section 21 of the Surrogacy Act 2008 of Western Australia.","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Interstate surrogacy laws","content":"#### 5 Interstate surrogacy laws\n\n5 Interstate surrogacy laws\n\n> Each of the following laws is declared to be an Interstate surrogacy law under section 4 (1) of the Act—\n> \n> > (a) Parentage Act 2004 of the Australian Capital Territory,\n> \n> > (b) Surrogacy Act 2010 of Queensland,\n> \n> > (c) Family Relationships Act 1975 of South Australia,\n> \n> > (d) Surrogacy Act 2012 of Tasmania,\n> \n> > (e) Status of Children Act 1974 of Victoria,\n> \n> > (f) Surrogacy Act 2008 of Western Australia.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Qualified counsellor—domestic arrangements","content":"#### 6 Qualified counsellor—domestic arrangements\n\n6 Qualified counsellor—domestic arrangements\n\n> For the Act, section 4(1), definition of qualified counsellor, to exercise the functions of a counsellor for a surrogacy arrangement entered into in Australia, a person must—\n> \n> > (a) hold a qualification conferred by a university, whether within or outside New South Wales, after the equivalent of at least 3 years full-time study, and\n> \n> > (b) have specialised knowledge, based on the person’s training, study or experience, of the social and psychological implications of a surrogacy arrangement, and\n> \n> > (c) be one or more of the following—\n> > \n> > > (i) a medical practitioner who is a psychiatrist,\n> > \n> > > (ii) a registered psychologist,\n> > \n> > > (iii) eligible for membership of the Australian Association of Social Workers or the Aotearoa New Zealand Association of Social Workers,\n> > \n> > > (iv) a full member of, or eligible for full membership of, the Australian and New Zealand Infertility Counsellors Association.\n> \n> Note—\n> \n> This clause applies to a counsellor preparing an assessment report in relation to a surrogacy arrangement under the [Assisted Reproductive Technology Act 2007](/view/html/inforce/current/act-2007-069), section 15A.\n> \n> **cl 6:** Subst 2025 (464), Sch 1\\[2\\].","sortOrder":6},{"sectionNumber":"6A","sectionType":"section","heading":"Qualified counsellor—international arrangements","content":"#### 6A Qualified counsellor—international arrangements\n\n6A Qualified counsellor—international arrangements\n\n> For the Act, section 4(1), definition of qualified counsellor, to exercise the functions of a counsellor for a surrogacy arrangement entered into outside Australia, a person must—\n> \n> > (a) hold a qualification conferred by a university, whether within or outside New South Wales, after the equivalent of at least 3 years full-time study, and\n> \n> > (b) have specialised knowledge, based on the person’s training, study or experience, of the social and psychological implications of a surrogacy arrangement, and\n> \n> > (c) be one or more of the following—\n> > \n> > > (i) a medical practitioner who is a psychiatrist,\n> > \n> > > (ii) a registered psychologist,\n> > \n> > > (iii) eligible for membership of the Australian Association of Social Workers or the Aotearoa New Zealand Association of Social Workers,\n> > \n> > > (iv) a full member of, or eligible for full membership of, the Australian and New Zealand Infertility Counsellors Association,\n> > \n> > > (v) authorised to practise as a psychiatrist by a law of a jurisdiction outside Australia,\n> > \n> > > (vi) authorised to practise as a psychologist by a law of a jurisdiction outside Australia,\n> > \n> > > (vii) authorised to undertake social work by a law of a jurisdiction outside Australia.\n> \n> **cl 6A:** Ins 2025 (464), Sch 1\\[2\\].","sortOrder":7},{"sectionNumber":"6B","sectionType":"section","heading":"Independent counsellor’s report","content":"#### 6B Independent counsellor’s report\n\n6B Independent counsellor’s report\n\n> For the Act, section 4(1), definition of qualified counsellor, to exercise the functions of a counsellor under the Act, section 17, a person must—\n> \n> > (a) meet the requirements in clause 6 or 6A, and\n> \n> > (b) have specialised knowledge, based on the person’s training, study or experience, that enables the person to give opinion evidence as to the matters referred to in the Act, section 17.\n> \n> Note 1—\n> \n> The requirements of this clause apply to a counsellor who gives an independent counsellor’s report in relation to proceedings for a parentage order as referred to in the Act, section 17.\n> \n> Note 2—\n> \n> See also the [Evidence Act 1995](/view/html/inforce/current/act-1995-025), section 79.\n> \n> **cl 6B:** Ins 2025 (464), Sch 1\\[2\\].","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Application of certain amendments","content":"#### 7 Application of certain amendments\n\n7 Application of certain amendments\n\n> > (1) Clauses 6 and 7, as in force before the commencement day, continue to apply to a person engaged to exercise the functions of a qualified counsellor under the Act before the commencement day.\n> \n> > (2) Clauses 6A and 6B, as inserted by the amending regulation, apply to a person engaged to exercise the functions of a qualified counsellor under the Act in relation to a surrogacy arrangement entered into outside Australia before the commencement day.\n> \n> > (3) In this clause—\n> > \n> > amending regulation means the [Surrogacy Amendment (Qualified Counsellors) Regulation 2025](/view/pdf/asmade/sl-2025-326).\n> > \n> > commencement day means the day on which the amending regulation commences.\n> > \n> > engaged, to exercise the functions of a qualified counsellor, includes the booking of an initial appointment with the counsellor.\n> \n> **cl 7:** Subst 2025 (464), Sch 1\\[2\\].","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Repeal and savings","content":"#### 8 Repeal and savings\n\n8 Repeal and savings\n\n> > (1) The [Surrogacy Regulation 2011](/view/html/repealed/current/sl-2011-0054) is repealed.\n> \n> > (2) Any act, matter or thing that, immediately before the repeal of the [Surrogacy Regulation 2011](/view/html/repealed/current/sl-2011-0054), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":10}],"analysis":{"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the limited information available, there is no evidence of scope change from the original 2016 instrument. The 2 July 2025 update appears to be a maintenance amendment (potentially administrative or formatting in nature), but without the full text of the amending instrument, this cannot be confirmed with certainty."},"complexity_factors":["The document provided contains virtually no substantive legislative content — it is almost entirely website navigation and metadata, making meaningful analysis impossible from this text alone","The underlying subject matter (surrogacy law) is inherently sensitive and moderately complex, involving family law, medical ethics, and contract principles","The regulation's relationship to its parent Act (Surrogacy Act 2010) adds a layer of dependency — you must read both documents together to understand the full framework","The scheduled automatic repeal in September 2026 introduces a time-sensitive element that affected parties need to be aware of"],"plain_english_summary":"This regulation supplements the Surrogacy Act 2010 (NSW) by setting practical rules for surrogates, intended parents and professionals (medical, counselling, legal) involved in NSW surrogacy arrangements. It was updated 2 July 2025 and is slated for automatic repeal on 1 September 2026, so its provisions may soon be remade or replaced. If you’re involved in surrogacy in NSW, obtain the full regulation to understand specific procedural obligations."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation maintains its original limited purpose of supporting the Surrogacy Act 2010 by specifying qualified counsellors and recognising interstate arrangements. The 2025 amendments expanded the counsellor qualifications to explicitly cover international arrangements and add requirements for independent court reports, but this represents a natural evolution within the original scope rather than scope creep. The document remains focused on its two core functions: interstate recognition and professional standards for counsellors."},"complexity_factors":["Short document (8 clauses, approximately 2 pages)","Only 1 defined term ('the Act') in the interpretation section","Minimal cross-referencing — primarily references to the parent Surrogacy Act 2010 and interstate legislation","Straightforward conditional logic — clauses 6, 6A and 6B use simple 'must meet requirements (a), (b) and (c)' structure without nested exceptions","Clear transitional provisions in clause 7 with explicit application rules","No exceptions to exceptions or deeply layered conditional provisions","Recent amendments (2025) are clearly marked and integrated without complicating the structure"],"plain_english_summary":"This regulation sets out the practical rules for how surrogacy works in New South Wales, working alongside the main Surrogacy Act 2010.\n\n**What it does:**\n- **Recognises surrogacy laws from other states** — It lists which interstate court orders and laws from the ACT, Queensland, South Australia, Tasmania, Victoria and Western Australia are officially recognised in NSW. This means if you get a parentage order (a court order transferring legal parentage from the surrogate to the intended parents) in one of those states, NSW will treat it as valid.\n- **Sets rules for who can be a counsellor** — Surrogacy arrangements require counselling. This regulation specifies who qualifies as a \"qualified counsellor\" depending on whether the surrogacy arrangement is domestic (in Australia) or international (outside Australia). Requirements include having a university degree (3+ years), specialised knowledge of surrogacy's social and psychological impacts, and being a registered psychiatrist, psychologist, social worker, or member of a recognised infertility counsellors association. International arrangements have slightly broader recognition of overseas-registered professionals.\n- **Adds extra requirements for independent counsellors** — For counsellors writing reports for court proceedings about parentage orders, they need the standard qualifications plus specific expertise that lets them give expert opinion evidence in court.\n- **Handles transitions** — It explains how the rules apply to counsellors already engaged before recent changes took effect.\n\n**Who it affects:**\n- Intended parents and surrogates going through surrogacy in NSW\n- Counsellors working in fertility and surrogacy\n- Lawyers handling surrogacy matters\n- Families with interstate surrogacy arrangements seeking recognition in NSW\n\n**Why it matters:**\nSurrogacy is legally complex and emotionally significant. This regulation ensures only properly qualified professionals provide counselling, protects vulnerable parties by requiring appropriate expertise, and creates legal certainty for families created through surrogacy across state borders."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The regulation expands scope relative to the prior instrument by inserting clause 6A (broader recognised overseas authorisations for counsellors in international arrangements) and clause 6B (requirements for independent counsellor reports capable of giving opinion evidence). It also formalises recognition of certain interstate parentage orders and laws (clauses 4–5) and repeals the 2011 Regulation while preserving existing effects via savings (clause 8). These changes broaden who may act as counsellor and clarify evidentiary and interstate-recognition rules."},"complexity_factors":["Targeted amendments rather than broad overhaul — mainly definitions and qualification criteria (clauses 6, 6A, 6B).","Cross-references to multiple Acts (Surrogacy Act 2010, Assisted Reproductive Technology Act 2007, Evidence Act 1995) increase interpretive dependencies.","Recognition lists for interstate parentage orders and laws (clauses 4–5) require checking corresponding interstate legislation.","Transitional and savings provisions (clauses 7–8) create temporal rules about which version applies to ongoing engagements.","Distinction between domestic and international arrangements adds rule-branching for counsellor eligibility (different permissible overseas authorisations)."],"plain_english_summary":"This Regulation replaces the 2011 Surrogacy Regulation and sets the rules that determine who may act as a qualified counsellor for domestic and international surrogacy, adds requirements for independent counsellor reports, recognises specified interstate parentage orders and laws, and carries forward existing effects by savings. It affects intended parents, surrogates, counsellors, fertility clinics and courts because it changes who can supply mandatory counselling, alters evidentiary expectations for reports, and clarifies which interstate orders and laws are recognised."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/surrogacy-regulation-2016","history":"/api/acts/surrogacy-regulation-2016/history","analysis":"/api/acts/surrogacy-regulation-2016/analysis","conflicts":"/api/acts/surrogacy-regulation-2016/conflicts","importantCases":"/api/acts/surrogacy-regulation-2016/important-cases","documents":"/api/acts/surrogacy-regulation-2016/documents"}}