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SURROGACY ACT 2010 - SECT 11
Meaning of birth mother’s surrogacy costs
11 Meaning of birth mother’s surrogacy costs
(1) 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) the birth mother and the
birth mother’s spouse (if any) being a party to a surrogacy arrangement or
proceedings in relation to a parentage order.
(2) Without limiting subsection
(1) , the following amounts are a birth mother’s surrogacy costs— (a) a
reasonable medical cost for the birth mother associated with any of the
matters mentioned in subsection (1) ; Example of a reasonable medical cost for
paragraph (a)— a cost incurred before conception if the birth mother
consults a medical practitioner to find out if she is capable of carrying a
pregnancy before undergoing a fertilisation procedure
(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 (1) ,
including— (i) the cost of counselling obtained by the birth mother or the
birth mother’s spouse (if any) before or after entering into the
surrogacy arrangement; or
(ii) the cost relating to the preparation of a
surrogacy guidance report under section 32 ;
(e) a reasonable legal cost for
the birth mother and the birth mother’s spouse (if any) relating to the
surrogacy arrangement and the transfer of parentage;
(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 the pregnancy when the
birth mother was unable to work on medical grounds;
(g) another reasonable
cost associated with the surrogacy arrangement or the making of the order
transferring parentage. Examples of other reasonable costs for paragraph
(g)— • travel and accommodation costs for a birth mother who lives
interstate and travels to Queensland to undertake a fertility treatment, to
consult with an obstetrician or to give birth
• travel and accommodation
costs associated with a birth mother’s attendance at a court hearing about
an application for a parentage order if the birth mother does not live near
the court
(3) 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.
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