18Court may request report from independent counsellor

### 18 Court may request report from independent counsellor > > (1)  The court may make an order that an independent counsellor, specified in the order, is to provide to the court, within a period, and in a form, specified in the order, a report as to the counsellor's assessment of the matters, specified in the order, in relation to a surrogacy arrangement. > > > (2)  The matters, in relation to a surrogacy arrangement, that may be specified in an order under [subsection (1)](#GS18@Gs1@EN) include, but are not limited to including, the following matters: > > > > > > (a) the understanding, of the social and psychological implications of the making of a parentage order, of each relevant party to the surrogacy arrangement; > > > > > > > (b) each relevant party's understanding of the principle that openness and honesty about a child's birth parentage is in the best interests of the child; > > > > > > > (c) the care arrangements proposed by the intended parents in relation to the child; > > > > > > > (d) any arrangements proposed for the child to have contact with his or her birth parent or birth parents or a person, other than an intended parent, who has provided some of the child's genetic material; > > > > > > > (e) the capacity of the intended parent or intended parents to care for the child; > > > > > > > (f) whether any consent given by the birth parent or birth parents is informed consent that has been given freely and voluntarily; > > > > > > > (g) the wishes of the child, if the counsellor is of the opinion that the child is of sufficient maturity to express his or her wishes; > > > > > > > (h) any other matters the counsellor thinks fit. > > > (3)  The provisions of any law or rules of court relating to the adducing of opinion evidence apply in relation to a report provided in accordance with an order under [subsection (1)](#GS18@Gs1@EN) , unless such a provision is inconsistent with the requirements of this section. > > > (4)  For the purposes of this section, an independent counsellor, in relation to a surrogacy arrangement, is an accredited counsellor who – > > > > > > (a) is not the accredited counsellor who counselled any relevant party in relation to the surrogacy arrangement for the purposes of [section 16(2)(f)](#GS16@Gs2@Hpf@EN) ; or > > > > > > > (b) is not, and is not associated with, a medical practitioner who carried out a procedure that resulted in the conception or birth of the child to which the arrangement relates; or > > > > > > > (c) is not, and is not associated with, a medical practitioner or other person who has been providing health care, or other care, to the person to whom the counselling is to be provided.