(1)  This section applies in relation to a surrogacy arrangement despite anything that the parties to the arrangement may have agreed, whether orally or in writing.

(2)  A birth mother has, while pregnant with a child, the same right to make decisions, and to take actions, which decisions or actions –

(a) relate to the child or may affect the child; and

(b) determine the circumstances in which she gives birth, or does not give birth, to the child –

as does a woman pregnant with a child to which no surrogacy arrangement relates.