Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Parentage Regulation 2024
SL2024-14
made under the
Parentage Act 2004
Republication No 1
Effective: 10 July 2024
Republication date: 10 July 2024
Regulation not amended
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Parentage Regulation 2024, made under the Parentage Act 2004
(including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes))
as in force on 10 July 2024. It also includes any commencement, repeal or expiry affecting this
republished law.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial amendments
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Parentage Regulation 2024
made under the
Parentage Act 2004
Contents
Page
1 Name of regulation 2
2 Dictionary 2
3 Notes 2
4 Reasonable expense—Act, s 24 (2) 2
5 Prescribed person—Act, s 25 4
Dictionary 5
Endnotes
1 About the endnotes 6
2 Abbreviation key 6
Contents
Page
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3 Legislation history 7
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Australian Capital Territory
Parentage Regulation 2024
made under the
Parentage Act 2004
Section 1
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1 Name of regulation
This regulation is the Parentage Regulation 2024.
2 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation.
Note 2 A definition in the dictionary applies to the entire regulation unless the
definition, or another provision of the regulation provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
3 Notes
A note included in this regulation is explanatory and not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) and the legal status of notes.
4 Reasonable expense—Act, s 24 (2)
(1) Expenses of the following kind are prescribed in relation to becoming
or trying to become pregnant and a pregnancy or a birth (both
antenatal and postnatal):
(a) any reasonable medical expenses incurred by the birth parent;
(b) any reasonable travel or accommodation expenses incurred by a
presumed parent;
(c) if the birth parent obtains insurance—the insurance premium
paid or increase in an existing insurance premium paid;
(d) for becoming or trying to become pregnant—the expense in
reimbursing the birth parent for a loss of earnings as a result of
any unpaid leave taken;
Section 4
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(e) for a pregnancy or a birth—the expense in reimbursing the birth
parent for a loss of earnings as a result of unpaid leave taken,
but only for the following periods:
(i) a period of not more than 2 months during which the birth
happened or was expected to happen;
(ii) any other period during the pregnancy when the birth
parent was unable to work on medical grounds related to
pregnancy or birth;
(f) if the birth parent is the primary caregiver for another child, any
reasonable out-of-pocket expenses associated with child care—
(i) incurred by the birth parent; and
(ii) including the expense in reimbursing the birth parent’s
partner for a loss of earnings as a result of unpaid leave
taken to care for the child while the birth parent is unable
to care for the child;
(g) the expense in reimbursing the birth parent’s partner for a loss
of earnings as a result of unpaid leave taken to care for the birth
parent on medical grounds in accordance with a carer’s medical
certificate provided by a doctor;
(h) any reasonable expenses, including reasonable medical
expenses, incurred in respect of the child of the surrogacy
arrangement.
(2) Expenses of the following kind are prescribed in relation to entering
into and giving effect to a surrogacy arrangement:
(a) the reasonable expenses associated with a presumed parent
receiving counselling in relation to the surrogacy arrangement;
(b) the reasonable expenses associated with a presumed parent
obtaining legal advice in relation to the surrogacy arrangement;
Section 5
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(c) the reasonable expenses associated with an application for a
parentage order, including reasonable travel and
accommodation expenses.
(3) In this section:
medical expenses do not include expenses that are recoverable by the
presumed parent under—
(a) Medicare, in accordance with the Health Insurance Act 1973
(Cwlth); or
(b) any health insurance or other scheme.
obtains insurance means enter into a contract for health, life or
disability insurance or increase the level of insurance on an existing
contract for the insurance.
5 Prescribed person—Act, s 25
The following people are prescribed:
(a) a doctor who is registered under the Health Practitioner
Regulation National Law (ACT) to practise in the specialty of
psychiatry;
(b) a person registered under the Health Practitioner Regulation
National Law (ACT) to practise in the psychology profession
(other than as a student);
(c) a person with a social work qualification that provides eligibility
for membership of the Australian Association of Social
Workers;
(d) a person who is a member of the Australian and New Zealand
Infertility Counsellors Association (other than as a provisional
member or an affiliate member).
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions relevant to this regulation.
For example:
• prescribed.
Note 2 Terms used in this regulation have the same meaning that they have in
the Parentage Act 2004. For example, the following terms are defined in
the Act, dict:
• birth parent
• partner
• presumed parent
• surrogacy arrangement.
Endnotes
1 About the endnotes
page 6 Parentage Regulation 2024
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired