10Advertising of surrogacy arrangements prohibited

#### 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— > > > > > (a) states or implies that a person is willing to enter into, or arrange, a surrogacy arrangement, or > > > > > (b) seeks a person willing to act as a birth mother under a surrogacy arrangement, or > > > > > (c) states or implies that a person is willing to act as a birth mother under a surrogacy arrangement, or > > > > > (d) is intended, or is likely, to induce a person to act as a birth mother under a surrogacy arrangement. > > > > Maximum penalty— > > > > > (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 > > > > > (b) in any other case—200 penalty units in the case of a corporation or 100 penalty units in any other case. > > > (2) This section does not apply if— > > > > > (a) the surrogacy arrangement is not a commercial surrogacy arrangement, and > > > > > (b) no fee has been paid for the advertisement, statement, notice or other material. > > > (3) In this section, publish means disseminate or provide access, by any means, to the public or a section of the public. > > Note. > > 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.