ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 44 Surrogacy costs
ASSISTED REPRODUCTIVE TREATMENT ACT 2008 - SECT 44
Surrogacy costs(1) A surrogate mother must not receive any material benefit or advantage as a result of a surrogacy arrangement.
Penalty: 240 penalty units or 2 years imprisonment or both.
(2) Subsection (1) does not prevent a surrogate mother being reimbursed for the prescribed costs actually incurred by the surrogate mother as a direct consequence of entering into the surrogacy arrangement.
S. 44(2A) inserted by No. 39/2021 s. 26(1).
(2A) If the surrogate mother's partner is a party to the surrogacy arrangement, subsection (1) does not prevent the partner being reimbursed for the prescribed costs actually incurred by the partner as a direct consequence of the partner or the surrogate mother entering into the surrogacy arrangement.
S. 44(3) amended by No. 39/2021 s. 26(2).
(3) To the extent that a surrogacy arrangement provides for a matter other than the reimbursement for costs actually incurred by the surrogate mother or the surrogate mother's partner (if any) the arrangement is void and unenforceable.
S. 44A inserted by No. 39/2021 s. 29.