{"id":"sl-2024-14","name":"Parentage Regulation 2024","slug":"parentage-regulation-2024","collection":"regulation","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"14 of 2024","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":173570,"registerId":"act-sl-2024-14-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Parentage Regulation 2024","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nParentage Regulation 2024\nSL2024-14\nmade under the\nParentage Act 2004\nRepublication No 1\nEffective: 10 July 2024\nRepublication date: 10 July 2024\nRegulation not amended\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Parentage Regulation 2024, made under the Parentage Act 2004\n(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))\nas in force on 10 July 2024. It also includes any commencement, repeal or expiry affecting this\nrepublished law.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial amendments\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR1\n10/07/24\nParentage Regulation 2024\nEffective: 10/07/24\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nParentage Regulation 2024\nmade under the\nParentage Act 2004\nContents\nPage\n1 Name of regulation 2\n2 Dictionary 2\n3 Notes 2\n4 Reasonable expense—Act, s 24 (2) 2\n5 Prescribed person—Act, s 25 4\nDictionary 5\nEndnotes\n1 About the endnotes 6\n2 Abbreviation key 6\n\nContents\nPage\ncontents 2 Parentage Regulation 2024\nEffective: 10/07/24\nR1\n10/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history 7\n\nR1\n10/07/24\nParentage Regulation 2024\nEffective: 10/07/24\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nParentage Regulation 2024\nmade under the\nParentage Act 2004\n\nSection 1\npage 2 Parentage Regulation 2024\nEffective: 10/07/24\nR1\n10/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n1 Name of regulation\nThis regulation is the Parentage Regulation 2024.\n2 Dictionary\nThe dictionary at the end of this regulation is part of this regulation.\nNote 1 The dictionary at the end of this regulation defines certain terms used in\nthis regulation.\nNote 2 A definition in the dictionary applies to the entire regulation unless the\ndefinition, or another provision of the regulation provides otherwise or\nthe contrary intention otherwise appears (see Legislation Act, s 155 and\ns 156 (1)).\n3 Notes\nA note included in this regulation is explanatory and not part of this\nregulation.\nNote See the Legislation Act, s 127 (1), (4) and (5) and the legal status of notes.\n4 Reasonable expense—Act, s 24 (2)\n(1) Expenses of the following kind are prescribed in relation to becoming\nor trying to become pregnant and a pregnancy or a birth (both\nantenatal and postnatal):\n(a) any reasonable medical expenses incurred by the birth parent;\n(b) any reasonable travel or accommodation expenses incurred by a\npresumed parent;\n(c) if the birth parent obtains insurance—the insurance premium\npaid or increase in an existing insurance premium paid;\n(d) for becoming or trying to become pregnant—the expense in\nreimbursing the birth parent for a loss of earnings as a result of\nany unpaid leave taken;\n\nSection 4\nR1\n10/07/24\nParentage Regulation 2024\nEffective: 10/07/24\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) for a pregnancy or a birth—the expense in reimbursing the birth\nparent for a loss of earnings as a result of unpaid leave taken,\nbut only for the following periods:\n(i) a period of not more than 2 months during which the birth\nhappened or was expected to happen;\n(ii) any other period during the pregnancy when the birth\nparent was unable to work on medical grounds related to\npregnancy or birth;\n(f) if the birth parent is the primary caregiver for another child, any\nreasonable out-of-pocket expenses associated with child care—\n(i) incurred by the birth parent; and\n(ii) including the expense in reimbursing the birth parent’s\npartner for a loss of earnings as a result of unpaid leave\ntaken to care for the child while the birth parent is unable\nto care for the child;\n(g) the expense in reimbursing the birth parent’s partner for a loss\nof earnings as a result of unpaid leave taken to care for the birth\nparent on medical grounds in accordance with a carer’s medical\ncertificate provided by a doctor;\n(h) any reasonable expenses, including reasonable medical\nexpenses, incurred in respect of the child of the surrogacy\narrangement.\n(2) Expenses of the following kind are prescribed in relation to entering\ninto and giving effect to a surrogacy arrangement:\n(a) the reasonable expenses associated with a presumed parent\nreceiving counselling in relation to the surrogacy arrangement;\n(b) the reasonable expenses associated with a presumed parent\nobtaining legal advice in relation to the surrogacy arrangement;\n\nSection 5\npage 4 Parentage Regulation 2024\nEffective: 10/07/24\nR1\n10/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(c) the reasonable expenses associated with an application for a\nparentage order, including reasonable travel and\naccommodation expenses.\n(3) In this section:\nmedical expenses do not include expenses that are recoverable by the\npresumed parent under—\n(a) Medicare, in accordance with the Health Insurance Act 1973\n(Cwlth); or\n(b) any health insurance or other scheme.\nobtains insurance means enter into a contract for health, life or\ndisability insurance or increase the level of insurance on an existing\ncontract for the insurance.\n5 Prescribed person—Act, s 25\nThe following people are prescribed:\n(a) a doctor who is registered under the Health Practitioner\nRegulation National Law (ACT) to practise in the specialty of\npsychiatry;\n(b) a person registered under the Health Practitioner Regulation\nNational Law (ACT) to practise in the psychology profession\n(other than as a student);\n(c) a person with a social work qualification that provides eligibility\nfor membership of the Australian Association of Social\nWorkers;\n(d) a person who is a member of the Australian and New Zealand\nInfertility Counsellors Association (other than as a provisional\nmember or an affiliate member).\n\nDictionary\nR1\n10/07/24\nParentage Regulation 2024\nEffective: 10/07/24\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 2)\nNote 1 The Legislation Act contains definitions relevant to this regulation.\nFor example:\n• prescribed.\nNote 2 Terms used in this regulation have the same meaning that they have in\nthe Parentage Act 2004. For example, the following terms are defined in\nthe Act, dict:\n• birth parent\n• partner\n• presumed parent\n• surrogacy arrangement.\n\nEndnotes\n1 About the endnotes\npage 6 Parentage Regulation 2024\nEffective: 10/07/24\nR1\n10/07/24\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\nLegislation history 3\nR1\n10/07/24\nParentage Regulation 2024\nEffective: 10/07/24\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nThis regulation was made as part of the Parentage (Surrogacy) Amendment\nAct 2024 (see A2024-31, s 4 and sch 2) and is taken to have been made under the\nParentage Act 2004 A2004-1 (see A2024-31, s 4 (1)).\nParentage Regulation 2024 SL2024-14\ntaken to have been notified LR 9 July 2024 (A2024-31 s 4 (2) (a))\ns 1 commenced 9 July 2024 (LA s 75 (1))\nremainder commenced 10 July 2024 (A2024-31 s 4 (2) (b))\n© Australian Capital Territory 2024","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This is a new regulation made in 2024 under the Parentage Act 2004. It appears to be a straightforward subordinate instrument filling in specific details (expenses and qualified counsellors) as authorised by the parent Act. There is no indication of scope creep; it performs the standard function of a regulation by operationalising the Act's framework for surrogacy arrangements."},"complexity_factors":["Very short document (7 pages total, approximately 3 pages of substantive content)","Only 2 operative sections (sections 4 and 5) plus standard machinery provisions","Minimal defined terms (only 2 specific definitions in section 4(3): 'medical expenses' and 'obtains insurance')","No cross-references to other legislation beyond the enabling Parentage Act 2004 and standard references to the Legislation Act 2001","Simple list-based structure for prescribed expenses and prescribed persons","No conditional logic, exceptions to exceptions, or nested provisions","Straightforward prescriptive approach ('expenses of the following kind are prescribed')"],"plain_english_summary":"The Parentage Regulation 2024 clarifies how surrogacy operates in the ACT by specifying what payments to a surrogate count as lawful “reasonable expenses” (medical costs, travel, insurance, certain lost wages and childcare) and which professionals can provide required surrogacy counselling (specified psychiatrists, psychologists, eligible social workers, and ANZICA members). It affects intended parents and birth parents by setting clear financial limits and ensuring counselling is delivered by qualified practitioners, reinforcing rules against commercial surrogacy."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The regulation operationalises the Parentage Act's delegated powers by defining what counts as 'reasonable expense' (s 4) and by naming the classes of 'prescribed person' (s 5). That specification narrows and clarifies the Act's broad terms by setting eligible expense categories, exclusions (eg, recoverable Medicare/insurance costs), time limits for reimbursements and the professional qualifications required to provide counselling or certification."},"complexity_factors":["Direct cross‑references to the Parentage Act 2004 and external laws (Health Insurance Act 1973 (Cwlth); Health Practitioner Regulation National Law (ACT))","Prescriptive list of expense categories with conditional limits (eg, maximum 2‑month reimbursement around birth; medical‑ground work incapacity)","Explicit exclusion of expenses recoverable under Medicare or private schemes","Defined procedural terms (eg, 'obtains insurance') that change entitlement triggers","Specification of qualifying professionals (psychiatrists, registered psychologists, accredited social workers, ANZICA members) with registration/membership requirements","Evidence triggers embedded in text (doctor's carer’s medical certificate; counselling and legal advice) implying administrative proof requirements","Interaction with surrogacy arrangements and parentage order processes that require coordination across agencies and private parties","Limited statutory discretion — many items are prescriptive, but implementation requires factual assessment of 'reasonable' and proof of unpaid leave or expenses"],"plain_english_summary":"This regulation tells people which costs count as “reasonable expenses” under the Parentage Act 2004 and which professionals may provide required counselling or certification for surrogacy and parentage orders. It lists eligible medical, travel, accommodation, insurance and limited loss‑of‑earnings reimbursements, and excludes costs recoverable under Medicare or other insurance.\n\nWho it affects: birth parents, presumed parents and their partners, and specified health and social‑care professionals. It operationalises the Act by setting documentary and professional eligibility rules that determine who can claim or certify expenses."}},"importantCases":[],"_links":{"self":"/api/acts/parentage-regulation-2024","history":"/api/acts/parentage-regulation-2024/history","analysis":"/api/acts/parentage-regulation-2024/analysis","conflicts":"/api/acts/parentage-regulation-2024/conflicts","importantCases":"/api/acts/parentage-regulation-2024/important-cases","documents":"/api/acts/parentage-regulation-2024/documents"}}