Who is an ‘affected party?

Section 4 of the Surrogacy Act

Section 4 of the Surrogacy Act provides that an “affected party”, in relation to a surrogacy arrangement, means each of the following persons:

  1. the birth mother
  2. a birth mother’s partner (if any)
  3. another birth parent (if any)
  4. the intended parents

The ‘birth mother’ is the woman who agrees to become pregnant or to try to become pregnant with a child, or is pregnant with a child, under the surrogacy arrangement. (Section 5 of the Surrogacy Act)

An ‘intended parent’ is a person to whom it is agreed the parentage of a child is to be transferred under a surrogacy arrangement. (Section 5 of the Surrogacy Act)

For more information, see Section 36 of the Surrogacy Act.

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