7Meaning of medical or social need

7 Meaning of medical or social need

(1)  For the purposes of this Act, there is a medical or social need for a surrogacy arrangement if –

(a) there is only one intended parent under the surrogacy arrangement and the intended parent is a man or an eligible woman; or

(b) there are 2 intended parents under the surrogacy arrangement and the intended parents are –

(i) a man and an eligible woman; or

(ii) two men; or

(iii) two women, each of whom is an eligible woman.

(2)  For the purposes of subsection (1) , an eligible woman is a woman who –

(a) is unable, on medical grounds, to conceive a child; or

(b) is likely to be unable, on medical grounds, to carry a pregnancy or give birth; or

(c) is unlikely to survive a pregnancy or birth or is likely to have her health significantly affected by a pregnancy or birth; or

(d) if she were to conceive a child, is likely to conceive –

(i) a child who is likely to be affected by a genetic condition or genetic disorder, the cause of which is attributable to the woman; or

(ii) a child who is unlikely to survive the pregnancy or birth or whose health is likely to be significantly affected by the pregnancy or birth.