SURROGACY ACT 2010 - SECT 11 Meaning of birth mother’s surrogacy costs

SURROGACY ACT 2010 - SECT 11

11 Meaning of birth mother’s surrogacy costs

(1) A
"birth mother’s surrogacy costs" are the birth mother’s reasonable costs associated with any of the following matters—

(a) becoming or trying to become pregnant;

(b) a pregnancy or a birth;

(c) the birth mother and the birth mother’s spouse (if any) being a party to a surrogacy arrangement or proceedings in relation to a parentage order.

(2) Without limiting subsection (1) , the following amounts are a birth mother’s surrogacy costs—

(a) a reasonable medical cost for the birth mother associated with any of the matters mentioned in subsection (1) ;

Example of a reasonable medical cost for paragraph (a)—

a cost incurred before conception if the birth mother consults a medical practitioner to find out if she is capable of carrying a pregnancy before undergoing a fertilisation procedure

(b) a reasonable cost, including a reasonable medical cost, for a child born as a result of the surrogacy arrangement;

(c) a premium payable for health, disability or life insurance that would not have been obtained by the birth mother if the surrogacy arrangement had not been entered into;

(d) a reasonable cost of counselling associated with any of the matters mentioned in subsection (1) , including—

(i) the cost of counselling obtained by the birth mother or the birth mother’s spouse (if any) before or after entering into the surrogacy arrangement; or

(ii) the cost relating to the preparation of a surrogacy guidance report under section 32 ;

(e) a reasonable legal cost for the birth mother and the birth mother’s spouse (if any) relating to the surrogacy arrangement and the transfer of parentage;

(f) the value of the birth mother’s actual lost earnings because of leave taken—

(i) for a period of not more than 2 months during which a birth happened or was expected to happen; or

(ii) for any other period during the pregnancy when the birth mother was unable to work on medical grounds;

(g) another reasonable cost associated with the surrogacy arrangement or the making of the order transferring parentage.

Examples of other reasonable costs for paragraph (g)—

• travel and accommodation costs for a birth mother who lives interstate and travels to Queensland to undertake a fertility treatment, to consult with an obstetrician or to give birth

• travel and accommodation costs associated with a birth mother’s attendance at a court hearing about an application for a parentage order if the birth mother does not live near the court

(3) In this section—


"legal cost" includes fees for obtaining legal advice and legal representation, court fees, and registry fees associated with registration of a birth and transfer of parentage.


"medical cost" means a medical cost to the extent that it is not recoverable under Medicare or any health insurance or other scheme.