Surrogacy Act 2012

A surrogacy arrangement is not enforceable.

However, an obligation under a surrogacy arrangement to pay or reimburse the birth mother's surrogacy costs is enforceable if – the birth mother has tried to become pregnant for the purposes of the surrogacy arrangement, but no child is born as a result of the surrogacy arrangement; or the birth mother has become pregnant for the purposes of the surrogacy arrangement but the pregnancy ceases for a relevant reason; or a child is born as a result of the surrogacy arrangement, unless – the birth parent or birth parents have not consented to the making of a parentage order in relation to the child; or no parentage order is made in relation to the child without the consent of the birth parent or birth parents; or a child is born as a result of the surrogacy arrangement and any of the following has occurred:no intended parent has made an application under section 13 in relation to the child within 6 months after the child is born; no intended parent has made an application under section 20 in relation to the child within 6 months after the commencement of Division 2 of Part 4; all applications made under section 13 or section 20 in relation to the child have been withdrawn; no intended parent consents to the making of a parentage order in respect of the child.

For the purposes of subsection (2)(b), a birth mother's pregnancy ceases for a relevant reason only if – the pregnancy has miscarried; or the pregnancy is terminated because – the birth mother was unlikely to survive the pregnancy or a birth arising from the pregnancy; or the health of the birth mother was likely to be significantly affected by the pregnancy or a birth arising from the pregnancy; or the pregnancy is terminated because – the child was likely to be affected by a genetic condition or genetic disorder; or the child was unlikely to survive the pregnancy or its birth; or the health of the child was likely to be significantly affected by the pregnancy or birth.