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SURROGACY ACT 2008 - SECT 6

SURROGACY ACT 2008 - SECT 6

6 .         Meaning of “surrogacy arrangement that is for reward”

        (1)         This Part refers to a surrogacy arrangement as being for reward if the arrangement provides for any person to receive any payment or valuable consideration other than for reasonable expenses associated with —

            (a)         the pregnancy or the birth; or

            (b)         any assessment or expert advice in connection with the arrangement.

        (2)         Reasonable expenses associated with achieving, or attempting to achieve, the pregnancy are reasonable expenses associated with the pregnancy.

        (3)         An expense is a reasonable expense for the purposes of subsection (1)(a) to the extent only that it is —

            (a)         a reasonable medical expense that is not recoverable under any health insurance or other scheme; or

            (b)         the value of earnings foregone because of leave taken —

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

                  (ii)         at any other time for medical reasons arising during the pregnancy;

                or

            (c)         a reasonable expense of psychological counselling; or

            (d)         a premium payable for health, disability or life insurance that —

                  (i)         would not have been taken out if the surrogacy arrangement had not been entered into; and

                  (ii)         provides cover for a period during which an expense referred to in another paragraph of this subsection is incurred or might be, or have been expected to be, incurred.