Paid Parental Leave Rules 2021
13Birth mother relinquishing child
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13 Birth mother relinquishing child
(1) For the purposes of Subdivision A, a person satisfies this section for a child on a day (the eligibility day) if: (a) the person is the birth mother of the child; and (b) the eligibility day occurs within: (i) for a child born before 1 July 2024—20 weeks of the day the child is born; or (ii) for a child born between 1 July 2024 and 30 June 2025—22 weeks of the day the child is born; or (iii) for a child born between 1 July 2025 and 30 June 2026—24 weeks of the day the child is born; or (iv) for a child born on or after 1 July 2026—26 weeks of the day the child is born; and (c) on that eligibility day, the person is not caring for the child for a reason set out in subsection (2). (2) For the purposes of paragraph (1)(c), the reason is either: (a) because, on or before the eligibility day, the person has relinquished care of the child: (i) as part of the process for the adoption of the child; or (ii) due to the child being born because of a surrogacy arrangement; or (iii) due to the child being removed from the person’s care by a child protection agency of a State or Territory, or in accordance with a decision of a court of a State or Territory, under a law of that State or Territory dealing with child protection; or (b) because: (i) the child is stillborn or has died before that eligibility day; and (ii) the person would have relinquished care of the child for a reason set out in paragraph (a) had the child not been stillborn or died. (3) For the purposes of subparagraph (2)(a)(ii), matters to consider when working out whether the child was born because of a surrogacy arrangement include: (a) whether the child was born as a result of a surrogacy arrangement (however described) that meets the requirements of the law of a State or Territory that applies in relation to the surrogacy arrangement; and (b) whether a court has made an order under a law of a State or Territory prescribed under section 60HB of the Family Law Act 1975 relating to who is a parent of the child.