NSWIn ForceAct
Surrogacy Act 2010
30Medical or social need for surrogacy arrangement must be demonstrated
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#### 30 Medical or social need for surrogacy arrangement must be demonstrated
30 Medical or social need for surrogacy arrangement must be demonstrated
> > (1) The Court must be satisfied that there is a medical or social need for the surrogacy arrangement.
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> > (2) There is a medical or social need for a surrogacy arrangement if—
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> > > (a) there is only one intended parent under the surrogacy arrangement and the intended parent is a man or an eligible woman, or
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> > > (b) there are 2 intended parents under the surrogacy arrangement and the intended parents are—
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> > > > (i) a man and an eligible woman, or
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> > > > (ii) 2 men, or
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> > > > (iii) 2 eligible women.
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> > (3) An eligible woman is a woman who—
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> > > (a) is unable to conceive a child on medical grounds, or
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> > > (b) is likely to be unable, on medical grounds, to carry a pregnancy or to give birth, or
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> > > (c) is unlikely to survive a pregnancy or birth, or is likely to have her health significantly affected by a pregnancy or birth, or
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> > > (d) if she were to conceive a child—
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> > > > (i) is likely to conceive a child affected by a genetic condition or disorder, the cause of which is attributable to the woman, or
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> > > > (ii) is likely to conceive a child who is unlikely to survive the pregnancy or birth, or whose health would be significantly affected by the pregnancy or birth.
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> > (4) This precondition does not apply to a pre-commencement surrogacy arrangement.