4Definitions

#### 4 Definitions 4 Definitions > > (1) In this Act— > > > > affected party, in relation to a surrogacy arrangement, means each of the following persons— > > > > > (a) the birth mother, > > > > > (b) a birth mother’s partner (if any), > > > > > (c) another birth parent (if any), > > > > > (d) the intended parents. > > > > birth mother—see section 5. > > > > birth mother’s partner means a birth mother’s spouse or de facto partner at the time when the birth mother enters into a surrogacy arrangement but, if more than one person would qualify as the birth mother’s partner, means only the last person to so qualify. > > > > Note. > > > > Section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) defines de facto partner. > > > > birth mother’s surrogacy costs—see section 7. > > > > birth parent, of a child, means a person (other than an intended parent) who is recognised at law as being a parent of the child at the time when the child is born. > > > > commercial surrogacy arrangement—see section 9. > > > > consent means informed consent freely and voluntarily given by a person with capacity to give the consent. > > > > Court means the Supreme Court of New South Wales. > > > > intended parent—see section 5. > > > > Interstate parentage order means an order under an Interstate surrogacy law that corresponds to a parentage order and includes an order of a kind declared by the regulations to be an Interstate parentage order. > > > > Interstate surrogacy law means a law of another State or a Territory that corresponds to this Act, and includes any law declared by the regulations to be an Interstate surrogacy law. > > > > parentage order means an order made by the Court under this Act for the transfer of the parentage of a child. > > > > parental responsibility, in relation to a child, means all the duties, powers, responsibilities and authority which, by law, parents have in relation to children. > > > > post-conception surrogacy arrangement—see section 5. > > > > pre-commencement surrogacy arrangement—see section 15. > > > > pre-conception surrogacy arrangement—see section 5. > > > > qualified counsellor means a person who has the experience or qualifications (or both) of a kind required by the regulations to exercise the functions of a counsellor under this Act. > > > > surrogacy arrangement—see section 5. > > > (2) In this Act, a reference to a child of a surrogacy arrangement is a reference to a child born as a result of a surrogacy arrangement or who is the subject of a surrogacy arrangement. > > > (3) Notes included in this Act do not form part of this Act.