{"id":"nsw:sl-2026-0450","name":"Surrogacy Regulation 2026","slug":"surrogacy-regulation-2026","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"450 of 2026","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":575959,"registerId":"nsw-nsw:sl-2026-0450-current","compilationNumber":null,"startDate":"2026-08-29","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 2026](/view/html/inforce/current/sl-2026-0450).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which this regulation is published on the NSW legislation website.\n> \n> Note—\n> \n> This regulation repeals and replaces the [Surrogacy Regulation 2016](/view/html/repealed/current/sl-2016-0464), which would otherwise be repealed on 1 September 2026 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","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.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Interstate orders and laws","content":"# Part 2 Interstate orders and laws\n\nPart 2 Interstate orders and laws","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Interstate parentage orders","content":"#### 4 Interstate parentage orders\n\n4 Interstate parentage orders\n\n> For the Act, section 4(1), definition of Interstate parentage order, each of the following orders is declared to be an Interstate parentage order—\n> \n> > (a) an order under the Parentage Act 2004 of the Australian Capital Territory, section 26, as in force immediately before the commencement of the Parentage (Surrogacy) Amendment Act 2024 of the Australian Capital Territory,\n> \n> > (b) an order under the Parentage Act 2004 of the Australian Capital Territory, section 28H or 31B,\n> \n> > (c) an order under the Surrogacy Act 2022 of the Northern Territory, section 34,\n> \n> > (d) an order under the Surrogacy Act 2010 of Queensland, section 22,\n> \n> > (e) an order under the Family Relationships Act 1975 of South Australia, section 10HB, as in force immediately before the repeal of that section,\n> \n> > (f) an order under the Surrogacy Act 2019 of South Australia, section 18,\n> \n> > (g) an order under the Surrogacy Act 2012 of Tasmania, section 16 or 22,\n> \n> > (h) an order under the Status of Children Act 1974 of Victoria, section 22,\n> \n> > (i) an order under the Surrogacy Act 2008 of Western Australia, section 21.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Interstate surrogacy laws","content":"#### 5 Interstate surrogacy laws\n\n5 Interstate surrogacy laws\n\n> For the Act, section 4(1), definition of Interstate surrogacy law, each of the following laws is declared to be an Interstate surrogacy law—\n> \n> > (a) the Parentage Act 2004 of the Australian Capital Territory,\n> \n> > (b) the Surrogacy Act 2022 of the Northern Territory,\n> \n> > (c) the Surrogacy Act 2010 of Queensland,\n> \n> > (d) the Family Relationships Act 1975 of South Australia,\n> \n> > (e) the Surrogacy Act 2019 of South Australia,\n> \n> > (f) the Surrogacy Act 2012 of Tasmania,\n> \n> > (g) the Status of Children Act 1974 of Victoria,\n> \n> > (h) the Surrogacy Act 2008 of Western Australia.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Qualified counsellors","content":"# Part 3 Qualified counsellors\n\nPart 3 Qualified counsellors","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Qualified counsellors—domestic arrangements","content":"#### 6 Qualified counsellors—domestic arrangements\n\n6 Qualified counsellors—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 within Australia, a person must—\n> \n> > (a) hold a qualification issued by a university 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 registered in the specialty of psychiatry,\n> > \n> > > (ii) a 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 section 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.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Qualified counsellors—international arrangements","content":"#### 7 Qualified counsellors—international arrangements\n\n7 Qualified counsellors—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—\n> \n> > (a) must meet the requirements of section 6, or\n> \n> > (b) must—\n> > \n> > > (i) meet the requirements of section 6, paragraphs (a) and (b), and\n> > \n> > > (ii) be one or more of the following—\n> > > \n> > > > (A) authorised to practise as a psychiatrist by a law of a jurisdiction outside Australia,\n> > > \n> > > > (B) authorised to practise as a psychologist by a law of a jurisdiction outside Australia,\n> > > \n> > > > (C) authorised to undertake social work by a law of a jurisdiction outside Australia.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Independent counsellor’s report","content":"#### 8 Independent counsellor’s report\n\n8 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 of section 6 or 7, and\n> \n> > (b) have specialised knowledge, based on the person’s training, study or experience, that enables the person to give opinion evidence about the matters referred to in the Act, section 17.\n> \n> Note—\n> \n> See also the [Evidence Act 1995](/view/html/inforce/current/act-1995-025), section 79.","sortOrder":10},{"sectionNumber":"Part 4","sectionType":"part","heading":"Miscellaneous","content":"# Part 4 Miscellaneous\n\nPart 4 Miscellaneous","sortOrder":11},{"sectionNumber":"9","sectionType":"section","heading":"Transitional provision for counsellors engaged before commencement of Surrogacy Amendment (Qualified Counsellors) Regulation 2025","content":"#### 9 Transitional provision for counsellors engaged before commencement of Surrogacy Amendment (Qualified Counsellors) Regulation 2025\n\n9 Transitional provision for counsellors engaged before commencement of [Surrogacy Amendment (Qualified Counsellors) Regulation 2025](/view/pdf/asmade/sl-2025-326)\n\n> > (1) The [Surrogacy Regulation 2016](/view/html/repealed/current/sl-2016-0464), clauses 6 and 7, as in force before 2 July 2025, continue to apply to a person engaged to exercise the functions of a qualified counsellor under the Act before 2 July 2025.\n> \n> > (2) Sections 7 and 8 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 2 July 2025.\n> \n> > (3) In this section—\n> > \n> > engaged, to exercise the functions of a qualified counsellor, includes the booking of an initial appointment with the counsellor.","sortOrder":12},{"sectionNumber":"10","sectionType":"section","heading":"Repeal and savings","content":"#### 10 Repeal and savings\n\n10 Repeal and savings\n\n> > (1) The [Surrogacy Regulation 2016](/view/html/repealed/current/sl-2016-0464) is repealed.\n> \n> > (2) An act, matter or thing that, immediately before the repeal of the [Surrogacy Regulation 2016](/view/html/repealed/current/sl-2016-0464), had effect under that regulation continues to have effect under this regulation.","sortOrder":13}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based solely on the uploaded document, there is no substantive text of the Regulation to compare with any earlier or original version—only administrative metadata (in‑force date, certification and an automatic repeal date). The document quotes: “Current version for 21 August 2026”, is certified under “section 45C of the Interpretation Act 1987”, and notes repeal “on 1 September 2031” under the Subordinate Legislation Act 1989. Because no operative provisions or historical versions are included here, I cannot identify whether the Regulation’s substantive scope has been expanded beyond its original purpose. This is general legal information and not legal advice. I can make mistakes; before you act on or rely on this, get a qualified Australian lawyer to check it."},"complexity_factors":["Document contains only metadata and site header material (no substantive provisions to interpret)","Clear single in-force date: “Current version for 21 August 2026”","Automatic repeal date referenced: “on 1 September 2031” under the Subordinate Legislation Act 1989 (explicit cross-reference)","Certification reference to a single Interpretation Act provision: “section 45C of the Interpretation Act 1987”","Repetitive site text increases visual clutter but not legal complexity","No defined terms, Parts, sections, or conditional clauses present in the uploaded text"],"plain_english_summary":"**What this instrument does:** The Surrogacy Regulation 2026 is a subordinate regulation published for New South Wales. The uploaded version is certified as correct under “section 45C of the Interpretation Act 1987” and is listed as the “Current version for 21 August 2026”. The file notes the regulation is due to be automatically repealed “on 1 September 2031” under the Subordinate Legislation Act 1989.\n\n**Who it affects and why it matters:** By its title, it would govern regulatory detail for surrogacy-related activity (surrogates, intended parents, clinics, and professionals). The uploaded document, however, contains only metadata and no substantive operative provisions."}},"importantCases":[],"_links":{"self":"/api/acts/surrogacy-regulation-2026","history":"/api/acts/surrogacy-regulation-2026/history","analysis":"/api/acts/surrogacy-regulation-2026/analysis","conflicts":"/api/acts/surrogacy-regulation-2026/conflicts","importantCases":"/api/acts/surrogacy-regulation-2026/important-cases","documents":"/api/acts/surrogacy-regulation-2026/documents"}}