{"id":"surrogacy-regulations-2020","name":"Surrogacy Regulations 2020","slug":"surrogacy-regulations-2020","collection":"regulation","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":237667,"registerId":"sa-surrogacy-regulations-2020-current","compilationNumber":null,"startDate":"2026-04-06","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Surrogacy Regulations 2020","content":"South Australia\nSurrogacy Regulations 2020\nunder the Surrogacy Act 2019\n\nContents\n1\tShort title\n2\tCommencement\n3\tInterpretation\n4\tAccredited counsellor\n5\tReasonable surrogacy costs—prescribed payments\n6\tCourt orders relating to lawful surrogacy agreements—prescribed requirements and circumstances\n7\tOffence to arrange etc surrogacy agreement for another person—prescribed acts\nLegislative history\n\n1—Short title\nThese regulations may be cited as the Surrogacy Regulations 2020.\n2—Commencement\nThese regulations come into operation on the day on which the Surrogacy Act 2019 comes into operation.\n3—Interpretation\nIn these regulations, unless the contrary intention appears—\nAct means the Surrogacy Act 2019.\n4—Accredited counsellor\nFor the purposes of the definition of accredited counsellor under section 4(1) of the Act, an accredited counsellor must be a member, or be eligible for membership, of the Australian and New Zealand Infertility Counsellors Association subcommittee of the Fertility Society of Australia.\n5—Reasonable surrogacy costs—prescribed payments\nFor the purposes of section 11(1)(b) of the Act, payments representing loss of income of the surrogate mother of the following kinds are prescribed in relation to the pregnancy to which the lawful surrogacy agreement relates:\n\t(a)\tloss of income during any period of the pregnancy when the surrogate mother was unable to work due to attendance at medical appointments relating to the pregnancy;\n\t(b)\tloss of income during any period of the pregnancy when the surrogate mother was unable to work on medical grounds relating to the pregnancy;\n\t(c)\tloss of income during any period within 2 months after the end of the pregnancy when the surrogate mother was unable to work on medical grounds relating to the end of the pregnancy.\n6—Court orders relating to lawful surrogacy agreements—prescribed requirements and circumstances\n\t(1)\tFor the purposes of section 18(7) of the Act, the following provisions of Part 3 of the Act are prescribed:\n\t(a)\tsection 10(3)(a) to (f) (inclusive);\n\t(b)\tsection 10(4)(a) to (e) (inclusive);\n\t(c)\tsection 10(4)(g);\n\t(d)\tsection 10(5)(a) to (d) (inclusive).\n\t(2)\tFor the purposes of section 18(9)(c) of the Act, circumstances in which the Court is satisfied that the other intended parent has impaired decision making capacity are prescribed.\n7—Offence to arrange etc surrogacy agreement for another person—prescribed acts\nFor the purposes of section 24(2)(b) of the Act, the following acts are prescribed:\n\t(a)\ta legal practitioner negotiating, or arranging or obtaining the benefit of, a lawful surrogacy agreement on behalf of an intended parent or a birth mother;\n\t(b)\ta legal practitioner or an accredited counsellor acting in accordance with the requirements of the Act;\n\t(c)\ta person registered under the Assisted Reproductive Treatment Act 1988 for the provision or proposed provision of assisted reproductive treatment in accordance with that Act.\nLegislative history\nNotes\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal regulations\nYear\nNo\nReference\nCommencement\n2020\n212\nGazette 18.6.2020 p3413 \n1.9.2020: r 2\n","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"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The regulations remain tightly scoped to their original purpose: operationalising the Surrogacy Act 2019. They address the four specific matters delegated to regulations by the parent Act (counsellor accreditation, reasonable costs, court order requirements, and permitted arranging activities) without expansion into new policy areas."},"complexity_factors":["Very short document (7 sections, approximately 1 page)","Only 1 defined term ('Act') in the interpretation section","Minimal cross-referencing — only points to specific sections of the parent Act without complex conditional logic","No nested exceptions or elaborate conditional structures","Straightforward prescriptive provisions (lists of specific items in sections 5, 6, and 7)","Single-layer regulatory instrument that operates mechanically under the parent Act"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations fill in the practical details for South Australia's surrogacy laws (the *Surrogacy Act 2019*). They set out four specific things:\n\n*   **Who can be an \"accredited counsellor\"** — only members (or people eligible to join) of a specific professional body: the Australian and New Zealand Infertility Counsellors Association.\n\n*   **What counts as \"reasonable costs\"** — the specific types of lost income a surrogate mother can be reimbursed for: time off for medical appointments during pregnancy, time off for pregnancy-related medical reasons, and up to 2 months after the pregnancy ends for medical recovery.\n\n*   **What the Court must check** — which specific requirements from the main Act the Court must be satisfied were met before making parentage orders (the legal transfer of parentage from surrogate to intended parents).\n\n*   **Who is allowed to help arrange surrogacy** — exceptions to the offence of \"arranging surrogacy for someone else.\" Legal practitioners negotiating agreements, professionals acting under the Act, and fertility clinic staff providing treatment are allowed to do their jobs without committing an offence.\n\n**Who it affects:**\n\n*   Surrogate mothers and intended parents in South Australia\n*   Fertility counsellors and lawyers working in surrogacy\n*   Fertility clinics providing assisted reproductive treatment\n\n**Why it matters:**\n\nSurrogacy is heavily regulated in Australia — commercial surrogacy (paying a surrogate beyond reasonable costs) is illegal. These regulations draw the line between lawful reimbursement and illegal payment, define who is qualified to provide mandatory counselling, and protect professionals from criminal liability when they're doing legitimate work. Without these details, the main Act couldn't function."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as no legislative content was retrieved. The document provided is a 404 error page from the SA legislation website, containing no substantive provisions to evaluate."},"complexity_factors":["No legislative content was actually provided — the input is a website error page, not legislation","Cannot assess legal complexity without the actual regulatory text","The only complexity present is navigational (a broken URL due to a website migration)"],"plain_english_summary":"## ⚠️ Document Unavailable\n\nThis document does not contain the actual text of the **Surrogacy Regulations 2020 (SA)**. Instead, the content retrieved is a **\"Page Not Found\" error** from the South Australian legislation website, likely because a bookmark or hyperlink created before 24 March 2026 is no longer compatible with the updated website.\n\n**What this means for you:** No meaningful analysis of the Surrogacy Regulations 2020 can be provided from this content. If you need to understand these regulations — which would govern rules around surrogacy arrangements in South Australia, including eligibility, consent, and legal parentage — you should:\n\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for \"Surrogacy Regulations 2020\"\n- Contact the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au\n- Consult a family lawyer familiar with South Australian surrogacy law"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations do not expand the Act’s subject‑matter. They specify and limit how parts of the Act operate: they define who qualifies as an accredited counsellor (r 4), prescribe which loss‑of‑income payments count as reasonable surrogacy costs (r 5), identify which Act provisions courts must have regard to in certain orders (r 6), and list acts that are prescribed as permitted for the offence provision (r 7). The instrument therefore narrows and clarifies implementation rather than altering statutory scope."},"complexity_factors":["Numerous cross-references to specific sections of the Surrogacy Act 2019 (e.g. ss 4(1), 11(1)(b), 18(7), 18(9)(c), 24(2)(b)) increase interpretive work.","Reliance on membership/eligibility of an external professional body (ANZICA subcommittee of the Fertility Society of Australia) to define ‘accredited counsellor’.","Precise temporal limits for prescribed loss‑of‑income payments (during pregnancy, and up to 2 months after) require factual verification in claims.","Prescribing particular Act provisions for court consideration narrows judicial focus but requires cross‑checking with those Act provisions.","Interaction with another statute (Assisted Reproductive Treatment Act 1988) for prescribed permitted acts creates inter‑statutory linkage to verify provider registration."],"plain_english_summary":"These regulations add detail to the Surrogacy Act 2019. They specify who counts as an accredited counsellor, set which kinds of loss-of-income payments for a surrogate mother qualify as “reasonable surrogacy costs,” prescribe particular sections and circumstances a court must consider when making orders about lawful surrogacy agreements, and list specific acts by lawyers, counsellors and fertility providers that are treated as permitted when arranging surrogacy. Affected parties include surrogate mothers, intended parents, legal practitioners, accredited counsellors and registered assisted‑reproduction providers."},"issue_detection":{"absurdities":[],"contradictions":[]}},"importantCases":[],"_links":{"self":"/api/acts/surrogacy-regulations-2020","history":"/api/acts/surrogacy-regulations-2020/history","analysis":"/api/acts/surrogacy-regulations-2020/analysis","conflicts":"/api/acts/surrogacy-regulations-2020/conflicts","importantCases":"/api/acts/surrogacy-regulations-2020/important-cases","documents":"/api/acts/surrogacy-regulations-2020/documents"}}