11Prescribed costs actually incurred that may be reimbursed to the surrogate mother

11 Prescribed costs actually incurred that may be reimbursed to the surrogate mother

(1) For the purposes of section 44(2) of the Act, the following costs are prescribed—

(a) any reasonable medical expenses incurred by the surrogate mother that are not recoverable under Medicare, health insurance or another scheme, including—

(i) costs incurred prior to conception; and

(ii) costs associated with the pregnancy and birth; and

(iii) costs incurred in relation to any child born as a result of the surrogacy arrangement;

(b) any reasonable counselling expenses associated with the surrogacy arrangement incurred by the surrogate mother;

(c) any reasonable legal costs associated with the surrogacy arrangement incurred by the surrogate mother, including costs for obtaining advice for the purposes of section 43(c) of the Act;

(d) any reasonable out-of-pocket costs directly associated with the surrogacy arrangement incurred by the surrogate mother including, but not limited to, travel, accommodation and child care costs;

(e) the cost of reimbursing the surrogate mother for earnings actually lost as a direct result of taking unpaid leave—

(i) for a period not exceeding 2 months during which the birth occurred or was expected to occur; and

(ii) for any other period during which the surrogate mother was unable to work on medical grounds as a result of the surrogacy arrangement;

(f) if the surrogate mother obtains health, life or disability insurance, or increases existing health, life or disability insurance, to cover the period prior to conception, the pregnancy, the birth and post-natal recovery, the cost of reimbursing the insurance premium or increase in an existing insurance premium.

(2) Subregulation (1)(e) does not apply to earnings lost that are recoverable under insurance or any other scheme.

Reg. 11A inserted by S.R. No. 60/2022 reg. 11.