substitute
40 Meaning of commercial surrogacy arrangement
(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.