NSWIn ForceAct
Surrogacy Act 2010
10Advertising of surrogacy arrangements prohibited
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#### 10 Advertising of surrogacy arrangements prohibited
10 Advertising of surrogacy arrangements prohibited
> > (1) A person must not publish any advertisement, statement, notice or other material that—
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> > > (a) states or implies that a person is willing to enter into, or arrange, a surrogacy arrangement, or
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> > > (b) seeks a person willing to act as a birth mother under a surrogacy arrangement, or
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> > > (c) states or implies that a person is willing to act as a birth mother under a surrogacy arrangement, or
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> > > (d) is intended, or is likely, to induce a person to act as a birth mother under a surrogacy arrangement.
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> > Maximum penalty—
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> > > (a) in the case of a commercial surrogacy arrangement—2,500 penalty units in the case of a corporation or 1,000 penalty units or imprisonment for 2 years (or both) in any other case, or
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> > > (b) in any other case—200 penalty units in the case of a corporation or 100 penalty units in any other case.
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> > (2) This section does not apply if—
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> > > (a) the surrogacy arrangement is not a commercial surrogacy arrangement, and
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> > > (b) no fee has been paid for the advertisement, statement, notice or other material.
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> > (3) In this section, publish means disseminate or provide access, by any means, to the public or a section of the public.
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> Note.
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> See also the [Assisted Reproductive Technology Act 2007](/view/html/inforce/current/act-2007-069) which requires providers of assisted reproductive technology treatment to ensure that an assessment report is obtained and considered before a person is provided with treatment in connection with a surrogacy arrangement.