Assisted Reproductive Technology and Surrogacy Bill 2025
Part 6 Surrogacy
Division 4 Transferring child’s parentage to intended parents
s. 133
page 90
(b) either of the following applies —1
(i) it is, or was, reasonable in the circumstances for2
the intended parents not to have had3
responsibility for the day-to-day care, wellbeing4
and development of the child at a relevant time;5
(ii) there is a dispute about who is to have6
responsibility for the day-to-day care, wellbeing7
and development of the child.8
Subdivision 5 — Discharge of parentage order9
133. Grounds for discharge10
A parentage order for the child may only be discharged on 1 or11
more of the following grounds —12
(a) the order was obtained by fraud, duress or other13
improper means;14
(b) a consent relied on for making the order was —15
(i) obtained by fraud or duress; or16
(ii) in fact, not given; or17
(iii) given for payment, reward or other material18
benefit or advantage (other than payment of the19
surrogate’s reasonable surrogacy expenses);20
(c) there is an exceptional reason why the order should be21
discharged.22
134. Application for discharge order23
(1) The following persons may apply to the Family Court for an24
order discharging a parentage order for the child —25
(a) the child, if the child has reached 18 years of age;26
(b) the Attorney General;27
(c) the CEO;28
Assisted Reproductive Technology and Surrogacy Bill 2025
Surrogacy Part 6
Transferring child’s parentage to intended parents Division 4
s. 135
page 91
(d) the chief executive officer of the department of the1
Public Service principally assisting in the administration2
of the Children and Community Services Act 2004.3
(2) The applicant must make reasonable efforts to give notice of the4
application to —5
(a) each person who became a parent of the child when the6
parentage order was made; and7
(b) the surrogate who gave birth to the child; and8
(c) the child.9
135. Intervening in application for discharge of parentage order10
(1) A person may apply to the Family Court for leave to intervene11
in an application under section 134(1) for an order discharging a12
parentage order.13
(2) The Family Court may give the person leave to intervene in the14
application.15
(3) A person given leave to intervene in the application is a party to16
the application.17
136. Family Court may make discharge of parentage order18
(1) On an application under section 134(1), the Family Court may19
make an order discharging a parentage order for the child.20
(2) However, the Family Court may make the order only if satisfied21
of all of the following matters —22
(a) 1 of the grounds for discharging the parentage order23
mentioned in section 133 exists;24
(b) reasonable efforts have been made to give notice of the25
application in accordance with section 134(2);26
(c) discharging the parentage order would be in the best27
interests of the child.28
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 6 Surrogacy
Division 4 Transferring child’s parentage to intended parents
s. 137
page 92
(3) An order discharging a parentage order for the child must1
include an order stating the name by which the child is to be2
known.3
(4) Before making an order about the child’s name, the Family4
Court must consider the principle that a child’s first name5
should not be changed except in exceptional circumstances.6
(5) An order under subsection (3) does not prevent the child’s name7
being changed later under a law of the State or the8
Commonwealth.9
137. Ancillary orders10
(1) If the Family Court makes an order discharging a parentage11
order for the child, the court may make any other order it12
considers appropriate —13
(a) in the interests of justice; or14
(b) for the wellbeing, and in the best interests, of the child.15
(2) Without limiting subsection (1), the Family Court may make an16
order relating to —17
(a) the duties, powers, responsibilities and authority which,18
by law, parents have in relation to children; or19
(b) the home of the child; or20
(c) the ownership or possession of property.21
138. Effect of discharge of parentage order22
(1) If a parentage order for the child is discharged, the rights,23
duties, liabilities and relationships of persons under a law of the24
State are the same as if the parentage order had not been made.25
(2) Subsection (1) —26
(a) does not apply to the extent that its application would be27
inconsistent with an order made under section 13628
or 137; and29
Assisted Reproductive Technology and Surrogacy Bill 2025
Surrogacy Part 6
Transferring child’s parentage to intended parents Division 4
s. 139
page 93
(b) does not affect anything lawfully done, or the1
consequences of anything lawfully done, while the2
parentage order was in force; and3
(c) does not affect any right or interest in property that4
vested in a person while the parentage order was in5
force.6
Note for this section:7
See also section 139(3) in relation to the effect of the discharge of a8
parentage order for the child for the purposes of applying a law of the9
State relating to sexual offences if the relationship between persons is10
relevant.11
Subdivision 6 — Other provisions12
139. Relationships for laws relating to sexual offences13
(1) This section applies for the purposes of applying a law of the14
State relating to sexual offences if the relationship between15
persons is relevant.16
(2) Despite section 123 —17
(a) a parentage order for the child does not end any18
relationship that would have existed if the parentage19
order had not been made; and20
(b) relationships that existed before the parentage order was21
made are taken to exist in addition to the relationships22
that exist because the order was made.23
(3) Despite section 138(1), the discharge of a parentage order for24
the child —25
(a) does not end any relationship that would have existed if26
the order had not been discharged; and27
(b) relationships that existed before the order was28
discharged are taken to exist in addition to the29
relationships that exist because the order was30
discharged.31
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 6 Surrogacy
Division 5 Access to information
s. 140
page 94
140. Family Court to notify Registrar1
(1) If the Family Court makes a parentage order for the child or an2
order discharging a parentage order for the child, the registrar of3
the court must give the Registrar of Births, Deaths and4
Marriages written notice of the following particulars —5
(a) the date of the order;6
(b) the full name, and the prescribed particulars, of each7
intended parent of the child;8
(c) the full name by which the child is known before, and is9
to be known after, the order becomes effective;10
(d) the date and place of birth of the child and the name and11
address of the surrogate;12
(e) the terms of any consequential or ancillary order made13
in relation to the order under section 122 or 137(1);14
(f) if available, any other information required by the15
Registrar of Births, Deaths and Marriages in relation to16
the registration under the Births, Deaths and Marriages17
Registration Act 1998 of the birth of a child.18
(2) If the birth of the child is not registered in the State under the19
Births, Deaths and Marriages Registration Act 1998, the20
registrar of the Family Court must give the Registrar of Births,21
Deaths and Marriages a copy of the original registration of the22
child’s birth, if it is available.23
(3) If the child was born outside Australia, the Family Court must24
give the Registrar of Births, Deaths and Marriages the25
prescribed particulars about the child’s birth.26
Division 5 — Access to information27
141. Application of this Division or order under it28
(1) If a relationship plan provides for a party to the plan to have29
greater or earlier access to information than is available under30
Assisted Reproductive Technology and Surrogacy Bill 2025
Surrogacy Part 6
Access to information Division 5
s. 142
page 95
this Division, the party is entitled to access the information in1
accordance with the plan.2
(2) A right that this Division gives to access information, or an3
order that the Family Court makes giving access to information,4
prevails over a provision of any contract or relationship plan5
that purports to restrict or exclude that access.6
142. Family Court order excluding access to information7
(1) This section applies if —8
(a) a person —9
(i) is a surrogate who gave birth to a child under a10
surrogacy arrangement; or11
(ii) has applied for a parentage order; or12
(iii) is named in a parentage order as a parent of a13
child;14
and15
(b) the person believes that, if a particular person (the16
specified person) has access to information under this17
Division, it is likely the specified person would pose a18
serious risk of harm to the person, the person’s partner19
or a child of the person.20
(2) The person may apply to the Family Court for an order (an21
exclusion order) excluding the specified person from having22
access to specified information under this Division.23
(3) The court may make an exclusion order in relation to the24
specified person if satisfied that the serious risk of harm25
mentioned in subsection (1)(b) would be likely to exist if the26
exclusion order was not made.27
(4) The exclusion order may exclude access to information under28
this Division as follows —29
(a) to all or some of the specified information;30
(b) in all or specified circumstances;31
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 6 Surrogacy
Division 5 Access to information
s. 143
page 96
(c) from being given by the Family Court;1
(d) under a specified right of access that would otherwise2
arise under this Division.3
(5) If an exclusion order is made, the registrar of the Family Court4
must give the Registrar of Births, Deaths and Marriages a5
certified copy of the exclusion order as soon as practicable after6
it is made.7
(6) The specified person in relation to an exclusion order may apply8
to the Family Court for the exclusion order to be revoked,9
suspended or varied.10
143. Access to certain Family Court records11
(1) A person may access the record of proceedings in the Family12
Court relating to a parentage order for a child only with the13
court’s approval.14
(2) The following persons may apply, in writing, to the Family15
Court for access to all or part of the record of proceedings —16
(a) the child;17
(b) the surrogate who gave birth to the child;18
(c) a person named as a parent of the child in a parentage19
order;20
(d) another person who was a party to the proceedings.21
(3) The Family Court may approve a person’s access to all or part22
of the record of proceedings on the person’s application.23
(4) Without limiting the reasons for refusing a person’s application,24
the Family Court may refuse the application if —25
(a) the person has not provided proof of the person’s26
identity; or27
(b) the person has not complied with a requirement of the28
Family Court relating to the inspection and release of29
information from its record of proceedings; or30
Assisted Reproductive Technology and Surrogacy Bill 2025
Surrogacy Part 6
Access to information Division 5
s. 144
page 97
(c) giving access would be contrary to a Family Court order1
excluding the person from the hearing of the2
proceedings.3
144. Access to registration of birth4
(1) A person has the right to access the registration of the birth of a5
child whose parentage was transferred by a parentage order only6
if the person is —7
(a) the child; or8
(b) the surrogate for the child; or9
(c) named as a parent of the child in the parentage order.10
(2) For the purposes of the Births, Deaths and Marriages11
Registration Act 1998 section 54 or 55, a person’s right to12
access the registration of a birth under subsection (1) is an13
adequate reason for the Registrar of Births, Deaths and14
Marriages —15
(a) to allow the person access to the register of births,16
deaths and marriages under section 54 of that Act; and17
(b) to provide the person with information extracted from18
the register of births, deaths and marriages under that19
Act; and20
(c) to search for information in the register of births, deaths21
and marriages under section 55 of that Act.22
(3) Despite subsections (1) and (2), the person may be refused23
access if —24
(a) the person has not produced proof of the person’s25
identity to the Registrar of Births, Deaths and Marriages26
or another appropriate officer; or27
(b) the person has not complied with a requirement of, or28
under, the Births, Deaths and Marriages Registration29
Act 1998 relating to that access.30
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 6 Surrogacy
Division 6 Family Court proceedings
s. 145
page 98
145. Portion of registration of birth not referring to parentage1
order2
(1) This section applies in relation to a child whose parentage was3
transferred by a parentage order.4
(2) If requested, the Registrar of Births, Deaths and Marriages must5
issue to the person making the request a certified copy of the6
portion of the registration of the birth of the child that does not7
refer to the surrogate who gave birth to the child or the change8
of parentage.9
(3) A request under subsection (2) can only be made by —10
(a) if the child has reached 16 years of age — the child; or11
(b) if the child is under 16 years of age — a person named12
as a parent of the child in the parentage order.13
(4) A certified copy of a portion of the registration of a child’s birth14
issued under subsection (2) is admissible in any proceedings as15
evidence of the facts stated in it.16
Division 6 — Family Court proceedings17
146. Application of Family Court Act 199718
(1) The Family Court Act 1997 applies in relation to proceedings of19
the court under this Act as if —20
(a) a reference to proceedings under that Act, in a provision21
of that Act listed in the Table to this subsection, includes22
a reference to the proceedings under this Act; and23
(b) a reference to jurisdiction of the court under that Act, in24
section 244 of that Act, includes a reference to25
jurisdiction conferred under this Act; and26
(c) a reference in that Act to a family consultant were a27
reference only to a person appointed under section 25 of28
that Act.29
Assisted Reproductive Technology and Surrogacy Bill 2025
Surrogacy Part 6
Offences Division 7
s. 147
page 99
Table1
s. 60 s. 62(1)
s. 65 s. 73
s. 164 s. 165
s. 166 s. 194
s. 195 s. 201
s. 207 s. 208
s. 213 s. 216
s. 245(2)
(2) The Family Court Act 1997 section 212 does not apply to2
proceedings of the court under this Act.3
147. Family Court proceedings to be private4
(1) Proceedings of the Family Court under this Part, and5
proceedings of the Supreme Court arising out of those6
proceedings, must not be heard in open court.7
(2) All persons, other than a party to the proceedings and the8
party’s lawyer, are to be excluded during the proceedings,9
unless otherwise directed by the court.10
(3) The Family Court may order a person to leave the court or11
another place during the examination of a witness in the12
proceedings.13
Division 7 — Offences14
148. Territorial application15
This Division and section 111 apply in relation to —16
(a) acts done in the State regardless of the whereabouts of17
the offender at the time the act is done; or18
(b) acts done outside the State if the offender is ordinarily19
resident in the State at the time the act is done.20
Assisted Reproductive Technology and Surrogacy Bill 2025
Part 6 Surrogacy
Division 7 Offences
s. 149
page 100
149. Publishing certain information for surrogacy arrangement1
for reward2
A person must not publish —3
(a) anything intended, or likely, to induce a person to enter4
into, or participate in, a surrogacy arrangement for5
reward; or6
(b) anything to the effect that a person is sought who is7
willing to enter into, or participate in, a surrogacy8
arrangement for reward; or9
(c) anything to the effect that a person is or might be willing10
to enter into, or participate in, a surrogacy arrangement11
for reward.12
Penalty: a fine of $50 000.13
Note for this section:14
For when a surrogacy arrangement is taken to be for reward: see15
section 106.16
150. Coercing person to enter surrogacy arrangement17
(1) In this section —18
coerce includes to threaten or intimidate.19
(2) A person must not coerce another person to enter into, or20
participate in, a surrogacy arrangement.21
Penalty for this subsection: imprisonment for 2 years and a fine22
of $50 000.23
Assisted Reproductive Technology and Surrogacy Bill 2025
Licensing of ART services Part 7
Preliminary Division 1
s. 151
page 101
Part 7 — Licensing of ART services1
Division 1 — Preliminary2
151. What this Part is about3
This Part deals with the licences authorising the provision of4
ART services.5
152. Terms used6
In this Part —7
discretionary condition, of a licence, has the meaning given in8
section 175(1)(b);9
fit and proper person means a person who is fit and proper to10
be involved with the provision of ART services;11
Health Act means —12
(a) an Act administered by the Minister, other than this Act;13
or14
(b) a prescribed Act;15
interim licensee has the meaning given in section 189(3);16
licensing, compliance and accreditation history, of a person,17
means —18
(a) the status of any licence held by the person under this19
Act or a corresponding law, including —20
(i) any conditions imposed on the licence; and21
(ii) any suspension or cancellation of the licence22
under this Act or a corresponding law;23
and24
(b) any contraventions of this Act or a corresponding law by25
the person; and26
(c) the status of the person’s accreditation with a prescribed27
accreditation body;28