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