11APrescribed costs actually incurred that may be reimbursed to surrogate mother's partner

11A Prescribed costs actually incurred that may be reimbursed to surrogate mother's partner

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

(a) any reasonable counselling expenses associated with the surrogacy arrangement incurred by the surrogate mother's partner;

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

(c) any reasonable out-of-pocket costs directly associated with the surrogacy arrangement incurred by the surrogate mother's partner relating to travel, accommodation and child care costs;

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

(i) to care for the surrogate mother on medical grounds as a result of the surrogacy arrangement and in accordance with a carer's medical certificate provided by a doctor; or

(ii) if the surrogate mother is the primary caregiver for a child, to care for that child while the surrogate mother is unable to as a result of the surrogacy arrangement.

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