27Exceptional circumstances for PPL claims—surrogacy arrangements

27 Exceptional circumstances for PPL claims—surrogacy arrangements

(1) This section applies in relation to a child if the child is born because of a surrogacy arrangement. (2) For the purposes of paragraph 54(1)(g) of the Act, the exceptional circumstances in which a PPL claim can be made is: (a) the child: (i) is in the care of the person; and (ii) has been, or is likely to be, in that care for a continuous period of at least 26 weeks; and (b) the person became, or is likely to become, the child’s primary carer before the child’s first birthday; and (c) the Secretary is satisfied on reasonable grounds that it is in the interests of the child for the person to care for the child, taking into account the following matters: (i) whether the person intends to be the long‑term primary carer of the child; (ii) whether the child’s birth mother has relinquished care of the child; (iii) any other matter the Secretary considers relevant. (3) For the purposes of subsection (1), 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.