New South Wales Consolidated Acts

SURROGACY ACT 2010 - SECT 7

7 Birth mother's surrogacy costs--meaning

(1) For the purposes of this Act, 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) entering into and giving effect to a surrogacy arrangement.

(2) The reasonable costs associated with becoming or trying to become pregnant include any reasonable medical, travel or accommodation costs associated with becoming or trying to become pregnant.

(3) The reasonable costs associated with a pregnancy or birth include the following:

(a) any reasonable medical costs associated with the pregnancy or birth (both pre-natal and post-natal),

(b) any reasonable travel or accommodation costs associated with the pregnancy or birth,

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

(d) any reasonable costs, including reasonable medical costs, incurred in respect of a child (being the child of the surrogacy arrangement),

(e) the cost of reimbursing the birth mother for a loss of earnings as a result of unpaid leave taken by her, but only for the following periods:

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

(ii) any other period during the pregnancy when the birth mother was unable to work on medical grounds related to pregnancy or birth.

(4) The reasonable costs associated with entering into and giving effect to a surrogacy arrangement include the following:

(a) the reasonable costs associated with the birth mother and the birth mother's partner (if any) receiving counselling in relation to the surrogacy arrangement (whether before or after entry into the arrangement),

(b) the reasonable costs associated with the birth mother and the birth mother's partner (if any) receiving legal advice in relation to the surrogacy arrangement or a parentage order relating to the surrogacy arrangement,

(c) the reasonable costs associated with the birth mother and the birth mother's partner (if any) being a party to proceedings in relation to such a parentage order, including reasonable travel and accommodation costs.

(5) A cost is reasonable only if:

(a) the cost is actually incurred, and

(b) the amount of the cost can be verified by receipts or other documentation.

(6) In this section:

"medical costs" does not include any costs that are recoverable under Medicare or any health insurance or other scheme.