Surrogacy Regulations 2009

The regulations centre on four main concepts: the authorised counsellor, mandatory counselling topics, documentary prerequisites for Council approval, and post‑birth counselling about parentage orders.

Counsellor (reg 3). The regulations define counsellor narrowly as someone eligible for full ANZICA membership. The definition is regulatory rather than descriptive: it determines who can provide the specified counselling and issue the required certificate. The insertion and amendment history show the definition was updated by SL 2021/96 (see reg 3 note).

Mandatory counselling content (reg 4(1)). Regulation 4 prescribes a detailed checklist of issues that must be covered in the counselling required by section 17(c)(i) of the Act. The list spans: family and relationship effects, prenatal testing and disability outcomes, expenses associated with pregnancy, donation‑related expenses, presence at birth, immediate post‑birth care and separation process, scenarios such as a child born with a disability or the death/separation of the arranged parents before birth, information to be given to the child, contact arrangements between child and birth parents/donor families, effects on other children and on partners of the birth mother, the possibility of birth parents changing their minds, support networks, and conflict resolution methods (reg 4(1)(a)-(s)). The regulation gives the counsellor discretion to determine the counselling process (reg 4(2)), but requires a written certificate to the arranged parents summarising participation, any concerns and completion dates (reg 4(3)).

Documentary prerequisites for Council approval (reg 5). Regulation 5 operationalises the application requirement in the Act by mandating the form of application (Council form) and a specified set of attachments (reg 5(1), (2)). These attachments are multi‑professional: clinical psychologist reports (for each party) stating the psychologist’s name and the day of assessment (reg 5(2)(e)); written notices from legal practitioners that must state the practitioner’s name, the recipient’s name, the day advice was given, and whether the advice was independent within the meaning of s 14 of the Act (reg 5(2)(f)); and medical practitioner reports for each party with specific items to be addressed, including whether eligibility criteria under s 19(1)(b) have been met in the case of arranged parents (reg 5(2)(g)(i)-(v)). Additionally, applicants must supply evidence of ages and the birth mother’s obstetric history, and a copy of the signed surrogacy arrangement (reg 5(2)(a)-(d)).

Post‑birth counselling (reg 6). The regulations specify that "appropriate counselling" for the purposes of section 21(2)(b) of the Act is counselling about the effect of the proposed parentage order, provided by a counsellor after the child’s birth (reg 6).

Auxiliary concepts: timing and commencement (reg 2). Certain regulation provisions come into effect on publication, others on the commencement of specified Act sections, tying the operational readiness of the regulations to the Act’s rollout. The compilation table records the dates of the original regulations and the 2021 amendment.

Together, these concepts establish a procedural framework in which multi‑disciplinary assessments and certified counselling form part of the Council’s approval process. The regulations do not themselves define substantive eligibility thresholds beyond requiring that medical practitioners state whether statutory eligibility criteria are met; nor do they specify enforcement mechanisms or penalties.

The regulations allocate documentary and procedural duties across named participants in a surrogacy arrangement and create decision and determination roles for the Council. In plain terms, they affect the following parties.

Arranged parents. They must provide evidence of their age and must obtain and include in the application a medical practitioner’s report that, in the case of arranged parents, states whether the eligibility criteria in section 19(1)(b) of the Act have been met (reg 5(2)(b), (g)(v)). They must also be participants in the counselling that produces the counsellor’s certificate required by reg 4(3) and the clinical psychologist reports required by reg 5(2)(e).

Birth mother. The birth mother must provide evidence of age and obstetric history (reg 5(2)(a)) and must participate in the counselling described in reg 4(1). The regulations place particular emphasis on counselling issues that directly relate to the birth mother: likely effects on her and her relationships (reg 4(1)(a)), prenatal testing and decisions about fetal defects (reg 4(1)(c)), who may be present at birth (reg 4(1)(f)), post‑birth separation processes (reg 4(1)(g)), and the impact on her partner (reg 4(1)(n)).

Donors. When donors are involved, the counselling must address donation‑related matters: expenses associated with donation (reg 4(1)(e)), the effects on a donor and donor’s family (reg 4(1)(o)), and proposed contact between a child and a donor or donor family (reg 4(1)(l)).

Counsellors. Only persons who are eligible for full membership of ANZICA satisfy the regulatory definition of "counsellor" (reg 3). Counsellors have three distinct roles under the regulations: to provide pre‑surrogacy counselling covering the detailed list in reg 4(1); to determine the counselling process (reg 4(2)); and to prepare and give the written certificate to the arranged parents summarising participation, concerns and completion dates (reg 4(3)). Counsellors also provide post‑birth counselling about the effect of the proposed parentage order (reg 6).

Clinical psychologists. The regulations require a clinical psychologist’s report for each of the parties as referred to in section 17(c)(ii) of the Act, and the report must state the psychologist’s name and the date the assessment was completed (reg 5(2)(e)). The content of the psychological assessment is referenced to the Act (s 17(c)(ii)), rather than being set out in the regulations.

Medical practitioners. For each party, a medical practitioner’s report is required; it must include the practitioner’s name, the date of assessment, details of any concerns about the effect of surrogacy on a known medical condition, details of any medical condition that may pose a risk to a child born as a result of the arrangement, and, for arranged parents, whether eligibility criteria under s 19(1)(b) have been met (reg 5(2)(g)(i)-(v)).

Legal practitioners. Each legal practitioner who provides legal advice about the effect of the surrogacy arrangement must supply a written notice stating the practitioner’s name, the name of the person advised, the day on which advice was provided, and whether the advice was independent legal advice within the meaning of section 14 of the Act (reg 5(2)(f)(i)-(iv) and reg 5(2)(f)).

The Council. The Council is the decision‑making body that receives applications in a form approved by the Council (reg 5(1)) and therefore determines administrative compliance with the documentary and form requirements. The regulations place responsibility on applicants to supply the specified documents to the Council.

Other affected parties and indirect effects. The regulations list matters to be addressed in counselling relating to extended families, other children of birth parents or arranged parents, and support networks (reg 4(1)(m), (q), (r)). While those parties are not applicants, the regulations require that counselling consider and document likely effects on them. The counselling certificate must list who undertook counselling; this creates an evidential record for the Council and for post‑approval processes.

Who pays and who provides. The regulations require multiple professional inputs (counsellor, clinical psychologist, medical practitioner, legal practitioner). The regulations do not assign payment responsibility, but by requiring those reports and certificates as part of a Council application they create a compliance cost that applicants will need to meet in order to lodge a complete application. The Council decides approval in accordance with the Act and the documentary package the regulations prescribe.

The regulations create specific duties on professionals and documentary duties on applicants; they also give certain procedural discretions to counsellors and the Council. The regulations do not confer new substantive rights of parentage or impose criminal penalties.

Counsellor duties (reg 4). A counsellor must provide the counselling required by section 17(c)(i) of the Act and must ensure the counselling addresses each of the enumerated topics in reg 4(1)(a)-(s). The counsellor must determine the counselling process (reg 4(2)). The counsellor must prepare and give to the arranged parents a written certificate that states: the name of each party who has undertaken the counselling, details of any concerns the counsellor has about the surrogacy arrangement as a result of counselling, and the day on which counselling was completed by each party (reg 4(3)). The counsellor’s duty to address the listed topics is procedural and documentary: the regulations require coverage rather than prescribing outcomes.

Clinical psychologist duties (reg 5(2)(e)). Clinical psychologists must provide a report for each of the parties as referred to in s 17(c)(ii) of the Act. The report must state the name of the clinical psychologist who undertook the assessment and the day on which the assessment was completed. The regulations do not prescribe the substantive content of the psychological assessment beyond cross‑reference to the Act, but they require identification of the assessor and assessment date.

Medical practitioner duties (reg 5(2)(g)). A medical practitioner must produce, for each party, a report that states the name of the practitioner, the date of assessment, any concerns about the effect of involvement in the arrangement on any known medical condition of the person, any medical condition that may pose a risk to a child born as a result of the arrangement, and for arranged parents, whether the eligibility criteria in s 19(1)(b) of the Act have been met (reg 5(2)(g)(i)-(v)). This creates a duty to give a medical opinion addressing both individual medical risk and statutory eligibility criteria for arranged parents.

Legal practitioner duties (reg 5(2)(f)). Each legal practitioner who provides legal advice about the effect of the surrogacy arrangement must provide a written notice that includes their name, the name of the person advised, the date advice was provided, and whether the advice was independent legal advice within the meaning of s 14 of the Act (reg 5(2)(f)(i)-(iv) and reg 5(2)(f)). This places a documentary duty on legal advisers to supply discrete particulars to the Council; the regulations do not require the legal practitioner to opine on suitability beyond confirming whether the advice was independent in the statutory sense.

Applicant duties and rights (reg 5). Applicants for Council approval must use a Council form (reg 5(1)) and attach the full set of documents specified in reg 5(2)(a)-(g). These documentary requirements are prerequisites for the Council to consider an application; the regulations treat completeness of the package as an administrative condition precedent to approval processing. The regulations do not confer rights to approval , that remains a statutory decision under the Act , but they do fix what an applicant must supply.

Council role. The Council decides on an application in accordance with the Act, and the regulations require that applications be made in a form approved by the Council (reg 5(1)). The regulations therefore vest the Council with administrative control over the application form and the administrative gatekeeping of required attachments.

Post‑birth counselling duty (reg 6). For the purposes of s 21(2)(b) of the Act, the regulations define appropriate counselling as counselling about the effect of the proposed parentage order provided by a counsellor after the birth of the child. This creates a duty on the counsellor to provide post‑birth counselling specifically targeted at parentage order effects.

Discretion and limits. Counsellors have explicit discretion to determine the counselling process (reg 4(2)), but not discretion to omit mandatory topics listed in reg 4(1). The medical and psychological reports are constrained by the items the regulations require but may contain clinical judgements beyond those items. Legal practitioners must state whether advice was independent within the statutory meaning; the regulations do not define "independent" themselves but refer to s 14 of the Act.

No penalties in the regulations. The regulations impose duties of process and documentation but do not create penalties, enforcement powers, or appeal processes; those matters are governed by the Act and other applicable laws. Applicants therefore have the right to rely on the Act for substantive determination and must meet the documentary duties the regulations impose to have the Council consider the application.

The regulations themselves do not create criminal offences, monetary penalties, infringement notices, or specific enforcement instruments. They are procedural instruments that specify documentary and counselling requirements; enforcement and penalties (if any) must therefore derive from the Surrogacy Act 2008 or other relevant legislation, not from the regulations. This is visible in the text: regulation 5 prescribes the form and attachments for an application to "the Council" for approval under the Act (reg 5(1)), and regulation 6 defines appropriate counselling for purposes of section 21(2)(b) of the Act, but none of the regulations includes a penalty clause or an enforcement procedure.

Consequences of non‑compliance implied by the structure. Because the regulations require particular documents to be lodged with the Council when applying for approval (reg 5(2)), the immediate practical consequence of failing to supply those documents is administrative: an application will be incomplete or not in the required form for the Council to assess. The regulations make the application form an instrument approved by the Council (reg 5(1)), so the Council has administrative discretion to accept or reject or request further information as part of its exercise of statutory functions under the Act. The regulations do not specify timelines for the Council’s decision, nor do they prescribe remedies or sanctions for inaccurate reports; those matters fall back to the Act and to professional regulation of the individual practitioners involved.

Professional accountability. The regulations place obligations on named professionals (counsellors, clinical psychologists, medical practitioners, and legal practitioners) to produce specified reports or notices. Professional misconduct or negligent reporting would be actionable, if at all, under the relevant professional regulatory regimes (medical boards, psychology registration bodies, legal profession rules, and ANZICA membership standards), not under these regulations. The regulations do not themselves create conduct standards beyond the documentary content they require.

Record and evidence. The counsellor’s certificate required by reg 4(3) requires the counsellor to record any concerns about the arrangement arising from counselling. That certificate will serve as documentary evidence before the Council and in any later administrative or judicial process concerning the application. Similarly, medical and psychological reports must name the assessor and date of assessment; these serve evidentiary and audit functions, and omission or inaccuracy may affect the Council’s capacity to rely on the report.

Commencement and staged enforcement. The regulations’ commencement clause (reg 2) ties operational effect to the Act’s commencement dates: some regulations commence on publication, others on the day specified Act sections come into operation. This stages when the Council can begin relying on particular documentary requirements, and therefore when enforcement of those administrative requirements is practicable.

In short, enforcement in practice will be administrative: the Council will use the regulations as a checklist for application completeness and as evidentiary inputs in exercising its statutory functions. The regulations do not themselves create standalone sanctions.

The regulations are expressly designed to operate in tandem with the Surrogacy Act 2008 and to be implemented by the Council established under that Act. They repeatedly cross‑refer to specific provisions of the Act, and in doing so they import substantive points and timing dependencies from the Act.

Cross‑references to the Surrogacy Act 2008. Regulation 4 implements counselling referred to in section 17(c)(i) of the Act by specifying the issues that must be covered in that counselling (reg 4(1)); regulation 5 implements the application for approval contemplated by the Act by specifying the form and compulsory attachments required by the Council (reg 5(1)-(2)); regulation 5(e) requires clinical psychologist reports "referred to in section 17(c)(ii) of the Act"; regulation 5(f) requires legal practitioners to state whether their advice was "independent legal advice within the meaning given in section 14 of the Act"; and regulation 5(g)(v) requires medical practitioners to state whether the eligibility criteria in section 19(1)(b) of the Act have been met for arranged parents. Regulation 6 picks up section 21(2)(b) of the Act regarding counselling about parentage orders. The regulations therefore function as procedural adjuncts to the Act: they do not restate the Act’s substantive eligibility or decision rules but require documentary statements and professional assessments that the Act’s decision‑makers will use.

Dependence on Act timing (reg 2). Regulation 2 stages commencement so that certain regulations come into operation on the day on which relevant sections of the Act commence (reg 2(b) and (c)). This synchronises the operational availability of the regulations with the Act’s operative parts.

Relationship with professional regulatory frameworks. The regulations mandate reports from medical practitioners, clinical psychologists and legal practitioners and require counselling from counsellors as defined by eligibility for ANZICA membership (reg 3). These requirements intersect with professional regulation: the content and form of reports must satisfy the regulations, while professional standards and registration determine the conduct and liability of the report authors. The regulations do not replace or modify professional codes; they overlay documentary requirements on top of existing professional responsibilities.

No independent penalties or enforcement mechanisms. As noted above, the regulations do not create separate offences or penalties; enforcement of professional conduct is governed by the relevant professional regulators, and enforcement of the Act’s substantive provisions is governed by the Surrogacy Act 2008 and its enforcement mechanisms.

Interaction with later or uncommenced legislation. The compilation table includes an entry in the "Uncommenced provisions table" for the Assisted Reproductive Technology and Surrogacy Act 2025 s.279(1)(d) (assented to 18 Dec 2025), noting it is to be proclaimed (compilation table). This indicates that the regulatory landscape is subject to statutory change and that certain provisions in related Acts may not yet be in force; the regulations themselves may need adaptation if and when newer Acts commence. The regulations do not themselves explain how they will be adjusted to accommodate later statutes; that will occur by amendment or replacement when relevant.

Practical import. For administrative purposes, the regulations make the Council the gatekeeper for documentary compliance and require that statutory tests (for example s 19(1)(b) eligibility) be evidenced by a medical practitioner’s report. This places reliance on interlocking statutory and professional frameworks: the Council relies on statutory cross‑references and professional reports, professionals rely on their regulatory frameworks, and applicants must assemble the interlocking documents required by the regulations and the Act.

The regulations were originally published in February 2009 and commenced (in part) on 25 February 2009 and 1 March 2009 according to the compilation table. The compilation table records the following items of note.

Original proclamation. The Surrogacy Regulations 2009 were published 25 February 2009; regulations 1, 2 and 3 commenced on 25 February 2009 and the other regulations commenced on 1 March 2009 (Compilation table).

2021 amendment (SL 2021/96). The regulations were amended by the Surrogacy Amendment Regulations 2021 (SL 2021/96), published 23 June 2021. The compilation table records that r 1 and r 2 of that amending instrument commenced on 23 June 2021 and the remainder on 24 June 2021. The textual marginal notes in the body of the regulations identify specific amendments: regulation 3 (the definition of counsellor) was inserted by SL 2021/96 r.4; regulation 4 was amended by SL 2021/96 r.5; regulation 6 was amended by SL 2021/96 r.6 (see annotations immediately following those regulations).

Nature of amendments visible in the text. The visible effect of the amendments, as recorded in the regulations, includes the insertion of a formal definition of "counsellor" that ties the role to ANZICA eligibility (reg 3), and amendments to the counselling provisions in reg 4 and to the post‑birth counselling provision in reg 6. The text does not include a redline, so it does not show the prior wording; however the marginal notes identify the amending instrument and provision numbers.

Uncommenced related provisions. The compilation material includes an "Uncommenced provisions table" entry referencing the Assisted Reproductive Technology and Surrogacy Act 2025 s.279(1)(d) (assented to 18 Dec 2025) that is "To be proclaimed" (compilation table). This indicates later legislative change in the field that had been assented to but not proclaimed at the time of compilation.

No other amendment instruments are recorded in the provided compilation table beyond the 2009 original and the 2021 amendment SL 2021/96. The regulations include attribution and licensing information updated to 2025 in the footer, but the statutory text amendments recorded are the 2021 amendments specified in the marginal notes.

Practical consequences of the amendment history. The 2021 amending instrument’s insertion of the counsellor definition is material: it narrows or clarifies who may provide the required counselling and therefore who can issue the certificate the Council requires. The amendments to reg 4 and reg 6, while not shown in tracked changes, are noted as having occurred under SL 2021/96. Users of the regulations should pay attention to those amendment dates to understand which version applied at particular times and to ensure contemporary compliance with the current text.

The regulations compilation and the text provided do not record any litigation history. The document contains no references to cases, judicial decisions, or any judicial consideration of the regulations. The compilation table and the regulations themselves are administrative materials; they do not include a litigation annex or list of proceedings.

Implications of the absence of recorded litigation in the source. Because the regulations do not themselves create offences or penalties and primarily prescribe documentary and counselling requirements, legal disputes arising in the surrogacy field are more likely to engage the Surrogacy Act 2008, family law, child welfare law, or professional regulation than the regulations in isolation. Any judicial challenges to actions taken by the Council under the Act could, however, involve argument about whether the Council properly applied the documentary requirements in the regulations. The regulations’ recordkeeping requirements , for example the counsellor’s certificate required by reg 4(3) and the named assessor and dates required by reg 5(2)(e), (g) , mean that courts or tribunals reviewing administrative decisions would have a clear documentary trail if litigation were to arise.

No statutory appeal procedure recorded here. The regulations do not specify administrative review or appeal mechanisms; such processes would be governed by the Act and by general administrative law principles. The absence of reported litigation in the source does not mean litigation has not occurred under the Act or related laws; it simply means there are no cases or decisions referenced in this statutory compilation.

If a practitioner needs case law, they must locate judicial decisions that deal with the Surrogacy Act 2008 and any Council determinations; none are included in the text of these regulations.

The regulations contain a number of technical features and documentary traps that can delay or complicate applications if they are overlooked.

Definition of "counsellor" (reg 3). The regulations require counselling to be provided by a person eligible for full membership of ANZICA. The word used is "eligible for full membership" rather than "a member", which is a technical drafting point. The source does not explain what eligibility entails; practitioners should note that the regulations tie the role to ANZICA membership criteria and that the definition was inserted by SL 2021/96 (see reg 3 annotation). Failure to use a counsellor who meets that criterion could render the counselling certificate non‑compliant.

Comprehensive counselling checklist (reg 4(1)). Regulation 4(1) lists many discrete topics (a)-(s) that must be covered in counselling. The list is granular , it includes questions about prenatal testing and handling fetal defects (reg 4(1)(c)), expense identification for pregnancy, birth and donation (reg 4(1)(d)-(e)), who is to be present at birth (reg 4(1)(f)), proposed contact arrangements with donors and birth parents (reg 4(1)(j)-(l)), and potential scenarios such as arranged parents separating or dying before birth (reg 4(1)(i)). A counselling session that treats only high‑level issues and omits particular items on the list may fail to meet the regulatory requirement; the counsellor must document coverage and any concerns in the certificate (reg 4(3)).

Counsellor certificate content and recipient (reg 4(3)). The regulation requires the counsellor to prepare and give the certificate to the arranged parents, not merely to the Council or to the birth mother. The certificate must name each party who undertook counselling, state any concerns the counsellor has, and the completion dates for each party. If a certificate omits the counsellor’s concerns or fails to name parties and dates, the Council may treat the application as incomplete.

Multi‑professional documentary package (reg 5). The application requires multiple reports and notices from different professional groups. Common practical gotchas include:

• Clinical psychologist reports must be provided for each party and must name the psychologist and give the assessment date (reg 5(2)(e)). The regulations cross‑refer to s 17(c)(ii) of the Act for the underlying psychological assessment content; the regulations do not supply that content themselves, so practitioners must consult the Act to ensure the psychologist addresses the statutory criteria.

• Legal practitioner notices must specify whether advice was independent legal advice "within the meaning given in section 14 of the Act" (reg 5(2)(f)). If the practitioner’s written notice fails to state whether the advice met s 14’s independence test, the Council may regard the application as deficient.

• Medical practitioner reports must address several specific items and, in the case of arranged parents, expressly state whether s 19(1)(b) eligibility criteria have been met (reg 5(2)(g)(i)-(v)). Because the regulations require the medical practitioner to opine on the statutory eligibility criteria, assessors must be familiar with the Act’s threshold in order to complete the report correctly.

Formality and dates (reg 5). The regulations repeatedly require the name of the assessor and the day the assessment was completed (reg 5(2)(e), (g)). Missing or imprecise dates or unnamed assessors are easily overlooked but are explicit requirements.

Council form requirement (reg 5(1)). The regulations require an application to be "in a form approved by the Council". Practitioners should not assume a generic or prior form will be acceptable; they must obtain and use the current Council form.

Timing and commencement traps (reg 2). Certain regulations came into operation on the day particular sections of the Act came into operation (reg 2(b)-(c)). For historical applications or for assessing obligations at particular dates, practitioners must check which parts of the regulations were in force at the relevant time.

No penalties in the regulations. Because the regulations do not provide penalties or enforcement remedies, non‑compliance will be an administrative problem rather than a criminal one, but an incomplete application may not be considered by the Council. Do not assume the regulations provide redress mechanisms.

Reliance on cross‑referenced Act provisions. Several requirements ask assessors to speak to matters defined in the Act (s 14, s 17(c)(ii), s 19(1)(b), s 21(2)(b)). Practitioners who only read the regulations and not the underlying Act will miss the substantive tests on which medical, psychological and legal statements must be framed. The regulations require certain words ("independent legal advice within the meaning given in section 14") and reliance on those Act provisions; omission risks incorrect or partial reporting.

Record keeping and evidential effect of counsellor concerns. Regulation 4(3)(b) requires the counsellor to record any concerns. This creates a durable record that the Council, other agencies, or courts may rely upon. Practitioners should be aware that the counsellor’s documented concerns are part of the administrative record and may become relevant in subsequent disputes.

Uncommenced related statutory change. The compilation table records an uncommenced provision in the Assisted Reproductive Technology and Surrogacy Act 2025 (s 279(1)(d)). Practitioners should monitor legislative developments because later statutes may change procedural obligations or substantive criteria, and these regulations do not set out how they will interact with future law.

This is a practical checklist, aligned strictly to the regulatory text, for an applicant assembling a Council application and for the professionals who must provide reports and counselling. Each step cites the regulation that creates the requirement.

1. Confirm the applicable version and timing of the regulations. Check commencement dates (reg 2) and any relevant amendments (see compilation table and SL 2021/96 annotations). Ensure you are using the version of the regulations in force on the relevant dates.

2. Obtain counselling from an appropriately defined counsellor (reg 3, reg 4). Engagement must be with a person eligible for full membership of ANZICA (reg 3). The counsellor must provide counselling covering each topic in reg 4(1)(a)-(s). Practical steps for the counsellor: plan sessions to cover each listed topic, consider written agendas or session notes mapped to each subparagraph, and ensure parties participate.

3. Secure the counsellor’s certificate and deliver it to the arranged parents (reg 4(3)). The counsellor must prepare a written certificate that (a) names each party who undertook the counselling, (b) records any concerns the counsellor has about the arrangement arising from counselling, and (c) records the day on which counselling was completed by each party. Ensure the certificate is signed and dated and that copies are provided to the arranged parents for inclusion in the Council application.

4. Obtain clinical psychologist reports for each party (reg 5(2)(e)). Each report must name the clinical psychologist who undertook the assessment and state the day on which the assessment was completed. Coordinate with the psychologist to ensure their report corresponds with any requirements in the Act referenced by the regulations (section 17(c)(ii)).

5. Obtain written notices from legal practitioners (reg 5(2)(f)). Each legal adviser who has given advice about the effect of the surrogacy arrangement must provide a written notice including: the legal practitioner’s name; the name of the person advised; the day on which the advice was provided; and whether the advice was independent legal advice within the meaning of section 14 of the Act. Ensure the practitioner’s notice explicitly addresses the s 14 independence question.

6. Obtain medical practitioner reports for each party (reg 5(2)(g)). Each report must state the practitioner’s name and the date of assessment; detail any concerns about the effect that involvement in the arrangement may have on any known medical condition of the person; detail any medical condition of the person that may pose a risk to a child born as a result of the surrogacy arrangement; and, for arranged parents, whether the eligibility criteria in section 19(1)(b) of the Act have been met (reg 5(2)(g)(i)-(v)). Provide the medical practitioner with the text of s 19(1)(b) so they can adequately address it.

7. Assemble documentary evidence of ages and obstetric history (reg 5(2)(a)-(b)). For the birth mother, include evidence of age and a detailed obstetric history. For each arranged parent, include evidence of age. Verify the form of evidence the Council accepts (birth certificates, passports, medical records) by consulting the Council’s application form or administrative guidance.

8. Include a signed copy of the surrogacy arrangement (reg 5(2)(c)). The regulations require a copy of the signed arrangement as part of the application. Ensure that the executed agreement offered contains the parties’ signatures and any ancillary documents the Council expects.

9. Use the Council’s approved form (reg 5(1)). Obtain the current Council application form and fill it in precisely as required. Do not submit a bespoke or incomplete form in place of the Council‑approved form.

10. Verify completeness before lodgement. The regulations make the listed items mandatory attachments (reg 5(2)). Check that all assessors’ names and assessment dates are recorded, that legal notices state whether advice was independent within the meaning of s 14, and that the counsellor’s certificate addresses any concerns and completion dates.

11. Post‑birth counselling (reg 6). After the child’s birth, obtain counselling from a counsellor (as defined in reg 3) about the effect of the proposed parentage order; reg 6 identifies this counselling as "appropriate" for the purposes of s 21(2)(b) of the Act. Ensure the post‑birth counselling session is documented and that the practitioner provides any certificate, report or statement the Council requires under the Act.

12. Retain originals and maintain an audit trail. The regulations require named assessors and dates; keep originals or certified copies and retain evidence of delivery to the arranged parents and of lodgement with the Council. Although the regulations do not prescribe record retention periods, administrative records will be material to any later administrative review.

13. Liaise with the Council on clarifications. If there is uncertainty about acceptable forms of evidence or how to address cross‑referenced Act provisions (for example s 14 independence or s 19(1)(b) eligibility), seek guidance from the Council early. The Council approves the application form (reg 5(1)) and will be the administrative arbiter of documentary sufficiency.

14. Monitor legislative change. The compilation table records later legislative instruments (for example the Assisted Reproductive Technology and Surrogacy Act 2025 provision noted as uncommenced). Monitor for subsequent amendments to the regulations or the Act that may change the required documents or the scope of assessments.

Practical tips derived strictly from the text. Provide assessors (medical, psychological, legal) with the regulatory checklist so they can address the required items and include names and dates. Ask the counsellor to prepare the certificate in the precise terms of reg 4(3) and to give it to the arranged parents. Cross‑check that the application form is the Council’s current version before lodgement. These steps align with the documentary requirements of regulation 5 and the counselling requirements of regulation 4 and regulation 6.

By following the steps above, applicants align their documentary package with the exact regulatory prescriptions in regs 3-6 and the Council’s form requirement in reg 5(1).