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s 11

Right of birth mother to manage pregnancy

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Part 3Surrogacy Arrangements

11 Right of birth mother to manage pregnancy

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.

A birth mother has, while pregnant with a child, the same right to make decisions, and to take actions, which decisions or actions – relate to the child or may affect the child; and 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.

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