5Surrogacy arrangement—meaning

#### 5 Surrogacy arrangement—meaning 5 Surrogacy arrangement—meaning > > (1) For the purposes of this Act, a surrogacy arrangement means— > > > > > (a) an arrangement under which a woman agrees to become or to try to become pregnant with a child, and that the parentage of the child born as a result of the pregnancy is to be transferred to another person or persons (a pre-conception surrogacy arrangement), or > > > > > (b) an arrangement under which a pregnant woman agrees that the parentage of a child born as a result of the pregnancy is to be transferred to another person or persons (a post-conception surrogacy arrangement). > > > (2) An agreement that the parentage of a child is to be transferred to another person is an agreement to the following effect (however expressed)— > > > > > (a) an agreement to consent to a parentage order or an Interstate parentage order being made in respect of the child so as to transfer parentage of the child to another person, > > > > > (b) an agreement that the child is to be treated as the child of another person (and not of the woman who gives birth to the child), > > > > > (c) an agreement that the custody of, or parental responsibility for, a child is to be transferred to another person, > > > > > (d) an agreement that the right to care for a child is to be permanently surrendered to another person. > > > (3) Other matters may be dealt with in a surrogacy arrangement. > > > (4) A variation to a pre-conception surrogacy arrangement that is made after a woman who agrees to become pregnant or to try to become pregnant under the arrangement becomes pregnant is considered to be a part of the pre-conception surrogacy arrangement. > > > > Note. > > > > A parentage order can be made under this Act in respect of a surrogacy arrangement only if the arrangement is a pre-conception surrogacy arrangement. There are additional preconditions to the making of a parentage order. These are set out in Part 3. > > > (5) In this Act, a reference to the birth mother, in relation to a surrogacy arrangement, is a reference to the woman who agrees to become pregnant or to try to become pregnant with a child, or is pregnant with a child, under the surrogacy arrangement. > > > (6) In this Act, a reference to an intended parent is a reference to a person to whom it is agreed the parentage of a child is to be transferred under a surrogacy arrangement.