(1) For the purposes of this Act, a
"surrogacy arrangement" means:
(a) an arrangement under which a woman agrees
to become or to try to become pregnant with a child, and that the parentage of
the child born as a result of the pregnancy is to be transferred to another
person or persons (a
"pre-conception surrogacy arrangement" ), or
(b) an arrangement under which a
pregnant woman agrees that the parentage of a child born as a result of the
pregnancy is to be transferred to another person or persons (a
"post-conception surrogacy arrangement" ).
(2) An agreement that the
parentage of a child is to be transferred to another person is an agreement to
the following effect (however expressed):
(5) In this
Act, a reference to the
"birth mother" , in relation to a surrogacy arrangement, is a reference to 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.
(6) In this
Act, a reference to an
"intended parent" is a reference to a person to whom it is agreed the
parentage of a child is to be transferred under a surrogacy arrangement.