Australian Capital Territory Current Acts

PARENTAGE ACT 2004 - SECT 40

    (1)     In this Act:

"commercial surrogacy arrangement" means—

        (a)     a surrogacy arrangement under which a person agrees to make or give to someone else a payment or reward, other than for reasonable expenses incurred in relation to the arrangement; or

        (b)     a contract, agreement, arrangement or understanding under which—

              (i)     a person who is pregnant agrees that a child born as a result of the pregnancy will be taken to be the child of someone else; and

              (ii)     a person agrees to make or give to someone else a payment or reward, other than for reasonable expenses incurred in relation to the contract, agreement, arrangement or understanding as if the contract, agreement, arrangement or understanding was a surrogacy arrangement.

    (2)     In this section:

"payment or reward "includes a payment or reward for or in consideration of—

        (a)     the making of a parentage order; or

        (b)     an agreement by each presumed parent to the making of a parentage order; or

        (c)     the handing over of a child to the intended parent or intended parents; or

        (d)     the making of any arrangements with a view to the making of a parentage order.