10Counselling prior to surrogacy arrangement

10 Counselling prior to surrogacy arrangement

For the purposes of section 43(a) of the Act, the following matters are prescribed—

(a) the implications of the surrogacy arrangement for the relationship between—

Reg. 10(a)(i) amended by S.R. No. 60/2022 reg. 10(a).

(i) if there are 2 intended parents, the intended parents; and

(ii) if the surrogate mother has a partner, the surrogate mother and her partner; and

Reg. 10(a)(iii) amended by S.R. No. 60/2022 reg. 10(a).

(iii) each intended parent and the surrogate mother; and

(iv) all parties to the surrogacy arrangement; and

(v) if donor gametes or donor embryos are to be used, each donor and the donor's partner, if any, and all parties to the surrogacy arrangement;

Reg. 10(b) amended by S.R. No. 60/2022 reg. 10(b).

(b) the implications of the surrogacy arrangement for any existing children of the surrogate mother or an intended parent;

(c) the possibility of medical complications for the surrogate mother or the child born as a result of the pregnancy;

(d) the possibility of any party deciding not to proceed with the surrogacy arrangement;

(e) the attitudes of all parties to the surrogacy arrangement towards the conduct of the pregnancy;

(f) the attitudes of all parties to the surrogacy arrangement towards—

(i) investigation of any genetic abnormality; and

(ii) possible termination of the pregnancy; and

(iii) any complications which may arise as a result of the pregnancy or birth;

(g) the need for the parties to the surrogacy arrangement to agree on a process for resolving any disputes—

(i) relating to the pregnancy; or

(ii) arising during the pregnancy;

Reg. 10(h) amended by S.R. No. 60/2022 reg. 10(a).

(h) if there are 2 intended parents, the intended parents' intentions regarding care of the child if one of them dies;

(i) possible grief reactions on the part of the surrogate mother and her partner, if any;

(j) ways of telling the child about surrogacy;

Reg. 10(k) amended by S.R. No. 60/2022 reg. 10(c).

(k) the attitudes of all parties to the surrogacy arrangement towards an ongoing relationship between the surrogate mother, her family and the child born as a result of the pregnancy;

Reg. 10(l) inserted by S.R. No. 60/2022 reg. 10(d).

(l) if relevant, the implications of the provisions in the Act for parties to the surrogacy arrangement relating to—