Meaning of surrogacy arrangement, birth mother and intended parent
5 Meaning of surrogacy arrangement, birth mother and intended parent
In this Act, a surrogacy arrangement is an arrangement for – a female person (the birth mother) to seek to become pregnant and give birth to a child; and the child to be treated as the child of a person or persons other than the birth mother (the intended parent or intended parents).
The birth mother and the intended parent or intended parents in relation to a child must be parties to a surrogacy arrangement in relation to the child.
There may be other parties to a surrogacy arrangement, for example, a birth mother's spouse.
Also, there may be other matters dealt with in a surrogacy arrangement.
To remove any doubt, it is declared that a surrogacy arrangement – does not include an arrangement made after the birth mother becomes pregnant; but may include a variation, made after the birth mother becomes pregnant, of an obligation under the arrangement to pay or reimburse the birth mother's surrogacy costs.
A surrogacy arrangement may be made orally or in writing.
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