SURROGACY ACT 2012 (NO. 34 OF 2012) - SECT 9 Meaning of birth mother's surrogacy costs
SURROGACY ACT 2012 (NO. 34 OF 2012) - SECT 9
Meaning of birth mother's surrogacy costs
(1) 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.(2) A birth mother's surrogacy costs are the birth mother's reasonable costs associated with any of the following matters in relation to a surrogacy arrangement to which the birth mother is a party:(a) becoming, or trying to become, pregnant;(b) a pregnancy or birth;(c) the birth mother and the birth mother's spouse, if any, being a party to the surrogacy arrangement or proceedings in relation to the obtaining of a parentage order or a parentage order that has been obtained.(3) Without limiting subsection (2) , the following amounts are a birth mother's surrogacy costs in relation to a surrogacy arrangement to which the birth mother is a party:(a) a reasonable medical cost, for the birth mother, associated with any of the matters mentioned in subsection (2) ;(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 (2) , including the cost of counselling, in relation to the surrogacy arrangement, obtained by the birth mother or the birth mother's spouse, if any;(e) a reasonable legal cost for the birth mother and the birth mother's spouse, if any, relating to the surrogacy arrangement, the obtaining of a parentage order or a parentage order that has been obtained;(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 or after the pregnancy when the birth mother was unable to work on medical grounds associated with the pregnancy or the end of a pregnancy;(g) travel and accommodation costs associated with the surrogacy arrangement;(h) another reasonable cost associated with the surrogacy arrangement, the obtaining of a parentage order or a parentage order that has been obtained.