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Bill - Statutes Amendment (Surrogacy Eligibility)
Bill Number - 176 A

Status - Assented
Introduced in the House of Assembly
Bill TitleStatutes Amendment (Surrogacy Eligibility)Bill Number176 176A
Introduced in theHouse of Assemblyon(None Specified)

The Statutes Amendment (Surrogacy Eligibility) Bill is the result of the Relationships Register Bill being divided into two bills.


The Act proposes amendments to the Assisted Reproductive Treatment Act 1988, the Equal Opportunity Act 1984 and the Family Relationships Act 1975 to alter the access and eligibility provisions and the rules dealing with surrogacy, access to assisted reproductive treatment and the recognition of legal parentage.


This Act provides that the children of same-sex couples are fully protected by law.


Many same-sex couples have children from a former relationship and sometimes they attempt conception within their own relationship, through surrogacy and artificial insemination. Prior to this legislation, these arrangements were not recognised under the law of this State potentially jeopardising the interests of the children.


The Act makes three important changes. Firstly, it ensures that the rules for altruistic surrogacy will no longer discriminate against the children of same-sex couples. Secondly, it ensures that no-one will be discriminated against because they are a child of a same-sex couple, and thirdly, it allows intending same-sex parents to obtain access to reproductive services in South Australia rather than go interstate.


Hansard – 15th November 2016, pp 7731 – 7741

Procedural NotesAs divided in Committee from Relationships Register Bill No. 158
Referred to Committee of the Whole on16/11/2016
DateConsideration OfClause Number/TitleOutcome
16/11/2016Sched(s)2(2)Agreed to
16/11/2016Sched(s)5(4)Agreed to
16/11/2016Sched(s)6 (21 and 22)Agreed to
16/11/2016Sched(s)6 (23)Amended and agreed to
17/11/2016Sched(s)6 (24)Amended and agreed to
17/11/2016Sched(s)6 (25)Amended and agreed to
17/11/2016Sched(s)6 (26)Left out
17/11/2016Sched(s)6 (27)Left out
17/11/2016Title Inserted
Third Reading MovedMs Hildyardon17/11/2016
3rd Reading Debates
17/11/2016Mr Pederick
17/11/2016Hon T Piccolo
3rd Reading Date17/11/2016
Received in the Legislative Council
Bill TitleStatutes Amendment (Surrogacy Eligibility)Bill Number173
Received in theLegislative Councilon17/11/2016
Second Reading MovedMinister for Sustainability, Environment and Conservation (Hon I K Hunter (MLC))on29/11/2016
2nd Reading Debates
30/11/2016Hon G E Gago (MLC)
30/11/2016Hon J A Darley (MLC)
30/11/2016Hon R L Brokenshire (MLC)
30/11/2016Hon K L Vincent (MLC)
01/12/2016Hon J S Dawkins (MLC)
01/12/2016Hon T A Franks (MLC)
06/12/2016Hon J M Lensink (MLC)
06/12/2016Hon R I Lucas (MLC)
06/12/2016Hon S G Wade (MLC)
06/12/2016Hon J M Gazzola (MLC)
06/12/2016Minister for Sustainability, Environment and Conservation (Hon I K Hunter (MLC))
2nd Reading Date06/12/2016
Adjourned byHon J M Lensink (MLC)
Referred to Committee of the Whole on06/12/2016
DateConsideration OfClause Number/TitleOutcome
06/12/2016Clause(s)1Agreed to
06/12/2016Clause(s)2-3Agreed to
06/12/2016New Clause(s)3AAgreed to
07/12/2016New Clause(s)3BAgreed to
07/12/2016New Clause(s)3CAgreed to
07/12/2016Clause(s)4Amended and agreed to
07/12/2016Clause(s)5Amended and agreed to
07/12/2016Clause(s)6-8Agreed to
07/12/2016Clause(s)9Amended and agreed to
07/12/2016Clause(s)10Agreed to
07/12/2016Title Agreed to
28/02/2017HA Amendment(s)1Agreed to
Third Reading MovedMinister for Sustainability, Environment and Conservation (Hon I K Hunter (MLC))on07/12/2016
3rd Reading Date07/12/2016
14/02/2017Message from the Legislative Council - Returning with amendments
DateConsideration OfClause Number/TitleOutcome
15/02/2017LC Amendment(s)1Amended and agreed to
15/02/2017LC Amendment(s)2 - 5Agreed to
15/02/2017Message from the House of Assembly - Agreeing to amendments without amendment and agreeing to an amendment with amendment
01/03/2017Message from the Legislative Council - LC agreeing to amendment
28/03/2017Message from the Govenor - Assent