Section 36 of the Surrogacy Act

Section 36 of the Surrogacy Act provides that:

  1. Each of the affected parties must have received legal advice from an Australian legal practitioner about the surrogacy arrangement and its implications before entering into the surrogacy arrangement.
  2. The legal advice obtained by the birth mother and the birth mother’s partner (if any) must have been obtained from an Australian legal practitioner who is independent of the Australian legal practitioner who provided legal advice about the surrogacy arrangement to the applicant or applicants about the surrogacy arrangement and its implications before entering into the surrogacy arrangement.

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