Status of Children Regulations 2014

Authorised by the Chief Parliamentary Counsel Authorised Version i Status of Children Regulations 2014 S.R. No. 186/2014 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Definition 2 5 Corresponding interstate surrogacy law 2 6 Corresponding surrogacy parentage order 2 7 Material benefit or advantage does not include particular reimbursement of costs 3 8 Material inducement does not include particular reimbursement of costs 3 ═══════════════ -- 1 of 4 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2014 S.R. No. 186/2014 Status of Children Act 1974 Status of Children Regulations 2014 The Governor in Council makes the following Regulations: Dated: 29 October 2014 Responsible Minister: ROBERT CLARK Attorney-General YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to prescribe— (a) laws of other Australian States and Territories relating to parentage of a child born under a surrogacy arrangement; and (b) provisions of laws of other Australian States and Territories under which an order can be made relating to legal parentage of a child born under a surrogacy arrangement; and (c) laws of other Australian States and Territories under which reimbursement of costs does not constitute a material benefit or advantage or material inducement; and (d) any other matters required to be prescribed under the Status of Children Act 1974. -- 2 of 4 -- S.R. No. 186/2014 Status of Children Regulations 2014 2 Authorised by the Chief Parliamentary Counsel 2 Authorising provision These Regulations are made under section 41 of the Status of Children Act 1974. 3 Commencement These Regulations come into operation on 30 October 2014. 4 Definition In these Regulations, the Act means the Status of Children Act 1974. 5 Corresponding interstate surrogacy law For the purposes of the definition of corresponding interstate surrogacy law in section 17(1) of the Act, the following laws are prescribed— (a) the Parentage Act 2004 of the Australian Capital Territory; (b) the Surrogacy Act 2010 of New South Wales; (c) the Surrogacy Act 2010 of Queensland; (d) the Family Relationships Act 1975 of South Australia; (e) the Surrogacy Act 2012 of Tasmania; (f) the Surrogacy Act 2008 of Western Australia. 6 Corresponding surrogacy parentage order For the purposes of paragraph (b) of the definition of corresponding surrogacy parentage order in section 17(1) of the Act, the following provisions are prescribed— (a) section 26 of the Parentage Act 2004 of the Australian Capital Territory; r. 2 -- 3 of 4 -- S.R. No. 186/2014 Status of Children Regulations 2014 3 Authorised by the Chief Parliamentary Counsel (b) section 18 of the Surrogacy Act 2010 of New South Wales; (c) section 22 of the Surrogacy Act 2010 of Queensland; (d) section 10HB of the Family Relationships Act 1975 of South Australia; (e) sections 16 and 22 of the Surrogacy Act 2012 of Tasmania; (f) section 21 of the Surrogacy Act 2008 of Western Australia. 7 Material benefit or advantage does not include particular reimbursement of costs For the purposes of section 29E(3)(b) of the Act, the Human Reproductive Technology Act 1991 of Western Australia is a prescribed law. 8 Material inducement does not include particular reimbursement of costs For the purposes of section 29H(5)(b) of the Act, the Human Reproductive Technology Act 1991 of Western Australia is a prescribed law. ═══════════════ r. 7 -- 4 of 4 --