Health (Assisted Human Reproduction) Act 2024

Prohibition of commercial surrogacy - domestic surrogacy

57. (1) Subject to subsection (2), a surrogacy agreement is a commercial surrogacy agreement if any person—

(a) receives or agrees to receive any payment or other reward in consideration of entering into or giving effect to the agreement,

(b) offers, makes or gives, or agrees to offer, make or give, any payment or other reward in consideration of entering into or giving effect to the agreement, or

(c) receives, makes or gives, or agrees to receive, make or give, any payment or other reward in consideration of facilitating the entering into or giving effect to the agreement.

(2) Any reference to payment or other reward in subsection (1) shall not include fees paid for legal advice referred to in section 52 (4) or 61 or a surrogate mother’s reasonable expenses as construed in accordance with section 58 .

(3) A person shall not do an act which falls within paragraph (a), (b) or (c) of subsection (1).